Commercial
Commercial Disputes and Litigation
Introduction: Every business dispute is unique, and our Commercial Litigation team understands the importance of a tailored approach for each case. We leverage our in depth knowledge of commercial law to benefit corporate clients, providing professional yet personalised guidance through the dispute resolution process. Whether you are a newly established start up or a long-standing company with millions in turnover, we can assist in resolving your legal issues efficiently and effectively, handling a broad range of disputes, from defamation and property matters to landlord and tenant issues, company and partnership conflicts, and negligence claims, drawing on specialist expertise in each area to achieve the best outcomes for our clients. We are always ready to advise you on the most appropriate course of action, explaining each step of court proceedings or alternative dispute resolution so you feel informed and confident about how your case is being handled.
Commercial Disputes and Litigation
Commercial disputes encompass virtually any conflict arising in a business context, often requiring swift and strategic legal action. Breach of contract is frequently at the heart of these disputes, for example a supplier failing to deliver goods or a client failing to pay for services, and indeed “breaches of contract are the nucleus of commercial disputes”.
We regularly assist with contractual disputes of all kinds, from disagreements over terms in sale of goods and services agreements to disputes about the quality or timing of performance. Other common commercial litigation matters include business torts such as misrepresentation or fraud, disputes over commercial debts, and conflicts arising from mergers, acquisitions or other transactions. Our solicitors aim to resolve such disputes cost effectively, using negotiation or mediation where possible, but we are prepared to pursue vigorous court litigation when necessary to protect your business interests, and we also advise on emergency measures, such as injunctions, when urgent relief is needed to prevent harm to your business.
Commercial Landlord and Tenant Disputes
Disputes between commercial landlords and tenants require a clear understanding of both property law and the practical realities of business leases. We act for landlords or tenants in resolving conflicts that arise under commercial lease agreements.
Common issues include non-payment of rent or service charges, where landlords may pursue remedies such as forfeiture or Commercial Rent Arrears Recovery to collect arrears. We also frequently handle dilapidations claims, disputes about repair obligations and the condition of premises at the end of a tenancy, often arising when a tenant has not maintained the property to the standard required by the lease, leading the landlord to claim the cost of putting it right. Other landlord and tenant conflicts we resolve include breaches of lease covenants, for example unauthorised alterations or uses of the property, disagreements over break clauses when one party seeks to end the lease early, and contested lease renewals under the Landlord and Tenant Act. Our firm’s approach is to find a pragmatic solution that protects our client’s property and financial interests, through negotiated settlements where possible, or through court proceedings or tribunal actions when necessary, while keeping business disruption to a minimum.
Professional Negligence
Professional negligence refers to failures by qualified professionals to meet the standards of their profession, resulting in loss or damage to a client. In legal terms, professional negligence occurs when a professional, such as a solicitor, surveyor or accountant, does not carry out their duties to the required standard, which consequently results in a loss.
We have expertise in professional negligence claims against a range of professionals, including solicitors and barristers, for example missing court deadlines or giving incorrect legal advice, accountants providing negligent financial or tax advice, architects and surveyors responsible for design errors or faulty valuations, financial advisers and other specialists. To succeed in a negligence claim, the client must show that the professional owed them a duty of care, breached that duty by falling below accepted standards, and caused quantifiable loss as a result. Our team can assess your situation to determine if these elements are present and advise on the prospects of recovering your losses.
We handle the pre-action protocol for professional negligence claims, seek early resolution where possible through complaints or mediation, and if needed will vigorously pursue court proceedings to obtain compensation. Our goal is to hold professionals accountable for substandard work and secure fair redress for our clients’ financial or personal losses due to professional failings.
Defamation
Defamation law protects individuals and businesses against false statements that harm their reputation. Defamatory statements can be written, known as libel, or spoken, known as slander.
In England and Wales, a claimant must meet a statutory “serious harm” threshold for a defamation claim. For a business, serious harm is defined as causing or likely to cause serious financial loss. Our defamation solicitors have deep experience of over 30 years in this field and act quickly to limit reputational damage. We have successfully handled libel cases against major national newspapers and broadcasters, obtaining apologies, retractions and damages for clients.
We provide expert guidance on the complex legal tests and defences, including advising on available defences such as truth, honest opinion or privilege, and navigating the Defamation Act 2013 requirements. Our team understands that your reputation is invaluable, and we work diligently to vindicate your name and secure appropriate relief when defamation has occurred.
Property Litigation
Property litigation involves disputes regarding real estate and land rights. We represent clients in a variety of property related disputes, approaching each matter with a strategic plan to protect their property interests.
Many property disputes concern the ownership or use of land, such as disagreements over boundary lines or rights of way between neighbouring properties, for example a boundary dispute may arise if neighbouring owners cannot agree on the exact dividing line between their lands and sometimes leading to one party claiming ownership of a strip of land through adverse possession, that is long-term unauthorised use.
We also handle cases of co-ownership and trusts of land where business partners disagree on their respective shares or the future of a property. Other common property litigation matters include disputes over restrictive covenants, easements such as rights of light or access, and issues arising from property transactions, for instance a buyer or seller dispute over a contract for sale or a development agreement.
In all these cases, our goal is to resolve the dispute efficiently, often by engaging expert surveyors or mediators where helpful, and to achieve a solution that safeguards our client’s rights in the property. If court or tribunal action is required, such as proceedings in the High Court or First Tier Tribunal Property Chamber, our experienced litigators will present a robust case on your behalf. We deliver pragmatic advice and strong representation to secure the best possible outcome.
Company and Partnership Disputes
Internal business disputes, whether among company directors, shareholders or business partners, can be particularly challenging as they strike at the heart of a business’s operations and ownership. Company disputes arise when those running or owning a business disagree on important decisions, finances or their respective rights and obligations. These disputes can involve allegations of mismanagement or breach of fiduciary duty by a director, conflicts over the direction of the company, or quarrels between shareholders over dividends, control or the sale of shares.
In private companies, a common scenario is a minority shareholder feeling excluded or treated unfairly by the majority, for example being denied information or dividend payouts, potentially giving rise to an unfair prejudice petition under the Companies Act 2006 to protect the minority’s rights. Other times, partnership disputes in non-company businesses or LLPs may emerge, such as disagreements over profit sharing, roles or exit arrangements for partners.
We assist clients in identifying the core issues in these disputes and exploring solutions that preserve business value. Often a negotiated settlement or mediation can resolve matters without irreparably harming the business. We also encourage preventative measures, such as well-drafted shareholders or partnership agreements, to set clear rules for handling disputes.
However, if informal resolution fails, our litigation team will not hesitate to pursue formal legal remedies. This can include court actions such as a derivative claim, where a shareholder takes action on behalf of the company against wrongdoings by insiders, or an application to court for orders under the Companies Act, for example to buy out a shareholder’s stake or even to wind up the company in extreme cases.
Throughout any company or partnership dispute, we combine sensitive handling to try to maintain workable relationships where possible, with firm protection of our client’s rights and interests. Our aim is to achieve a prompt, pragmatic resolution that allows the business or the individuals involved to move forward, whether that means repairing the working relationship or facilitating a fair separation of ways.
Further Reading
Conclusion
Carruthers Law is committed to providing clear, effective advice across all these commercial dispute areas. Our diverse experience in commercial litigation, from contractual and property disputes to defamation, professional negligence and complex company disputes means we can quickly identify the optimal strategy for your situation.
By entrusting your dispute to our team, you will receive attentive, expert guidance with a focus on achieving the best possible outcome for you or your business. Contact us today to discuss your circumstances and learn how we can help resolve your commercial legal issue.
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