In all types of business, commercial disputes will arise from time to time. Occasionally they cannot be resolved without external assistance. We are very experienced at helping our business clients take a practical, commercial approach to managing disputes. We help them to minimise the impact of disputes on their business.
If you are involved in a dispute, or if you think you may be heading towards one, then please speak to us. Our expert dispute management team will work with you to identify the issues at the outset, define the various outcomes you can expect to achieve, and help you to achieve those which best suit your needs. We will help you meet your objectives, on time and within budget.
Get in touch with us by calling 0333 323 5292. Or fill in our online form, and we will get back to you as soon as possible.
If your business is a large one then you’re probably involved in more transactions than most, and that means statistically you can probably expect to face disputes with more frequency than other smaller businesses. We are very experienced at working with management and commercial teams handling all types of claims, whether they are from consumers or against other businesses. We can also assist in establishing systems to manage disputes and claims so that the prospects of achieving the best results are built in right from the outset.
SMEs and owner managed businesses make up the overwhelming majority of trading entities in the economy, and inevitably, therefore, most commercial disputes involve at least one party from this sector. Substantial or repetitive disputes can comprise a threat to the prosperity, or even the existence, of such businesses. Identifying the potential for a dispute to arise, and managing it effectively when it does, is critically important. Likewise, when resources are stretched, it is important to have the right legal support on hand whenever you need it, and to maintain complete control of budgets. We are very experienced in helping businesses to do this.
We are very experienced in all courts and tribunals within our own jurisdiction and can handle litigation overseas as well. However, most claims can be resolved without the need to go to trial. It may be possible to avoid having to issue legal proceedings at all, though we are immediately ready, willing and able to do so whenever required. In many cases it will be better for disputing parties to seek an outcome outside the court process, using “alternative dispute resolution” mechanisms such as negotiation, mediation, arbitration, adjudication or expert determination. We have extensive experience of all of these processes, which are frequently combined to help us to achieve the best, most cost-effective results for our clients.
To read more about alternative dispute resolution, click here.
Types of Dispute
Our solicitors have experience of many different types of dispute, acting for a wide variety of clients, each with their own commercial needs to take into account. Here is a list of just some of the types of dispute we handle regularly. If you are looking for assistance with a dispute which is not on the list, please don’t assume we do not have the relevant expertise, because we probably have. Please ask us and we will ensure your claim is dealt with by a solicitor with the right specialist expertise.
- Agent and distributor disputes
- Claims against directors for breach of duty
- Claims by and against trustees
- Claims by and against developers
- Commercial disputes
- Consumer/retail disputes
- Contractual disputes
- Construction, building disputes
- Defamation claims
- Engineering disputes
- Franchise disputes
- Healthcare and care home fee disputes
- Inheritance/probate disputes
- Insurance claim disputes
- Partnership disputes
- Personal guarantee/indemnity disputes
- Post-M&A disputes (warranty claims, earn out claims, etc.)
- Professional negligence claims
- Property disputes
- Recovering assets taken by fraud
- Renewables disputes
- Retention of title disputes
- Shareholder disputes
Whatever the nature of the dispute you are faced with, our team will be able to provide comprehensive advice and guidance. We will always be completely transparent in relation to fees and will never charge you more than you have agreed to pay for our services.
At Lupton Fawcett, we know that winning comes at a price and that success is when it is worth it. That’s why, when it is right to do so, we prefer to avoid expensive courtroom battles and spend time ensuring you stay one step ahead of your adversaries.
We will aim to resolve the dispute in the most commercially effective way, so your business is undisturbed and you can keep working towards your goals. We will advise you on the best course of action to take, apply exactly the right approach for your situation and help you through the process quickly and efficiently.
Our team can also provide advice so you can try to avoid disputes from happening in the first place.
Is it true that everyone who has a dispute has to go to mediation?
No, but the court rules now make it very risky for parties to refuse unreasonably to try to resolve their disputes outside the formal litigation process. If proceedings have started then very often the court will encourage them to agree to “stay” (temporarily freeze) the claim to allow an opportunity for negotiations to take place.
The court will usually punish a party who has unreasonably refused to participate in mediation (or some other type of dispute resolution process if mediation is not the most appropriate) by making them pay some or all of the other side’s costs, even if, technically, they are the winner of the court proceedings.
What rights do consumers have against my business if they do not like the goods they have bought?
If the goods are not of satisfactory quality then the consumer can choose from a number of legal resolutions, ranging from insisting on a repair or replacement, to rejection and a refund.
There are identical provisions in other Acts imposing the same regime on other types of transactions, such as hire purchase agreements and conditional sale contracts.
There are many possible answers to this question, which will vary depending on the precise nature of the transaction, what the consumer does with the goods in the meantime, and so on.
We are always willing to discuss the services we can offer to prospective clients on a “no obligations” basis in the first instance. Please contact us on the details below.
Get in Touch
With Lupton Fawcett on your side, you're taking control. Contact us today.
At last it is all at an end, and we are happy with the outcome. We would like to thank you and the team for giving control back to our lives, god knows where we would be, also for your professionalism and counselling to guide us through this horrendous ordeal we do thank you, it was worth every penny.David Haywood, Former Minority Shareholder in Haywood and Padgett Limited