A dispute in your business can be incredibly disruptive to all aspects of your life. A commercial litigation solicitor can provide the expertise you need for a smooth sailing process.
At Warner Goodman, our Litigation and Dispute Resolution team has many years of experience in offering a tailored service to companies, businesses, and individuals. We provide legal and commercial advice to meet your needs and resolve disputes. We can assist with even the most complex commercial litigation and dispute resolution matters.
The issue of legal proceedings in the courts or tribunals may not be the right or only option for you. We will explore all Alternative Dispute Resolution (ADR) aspects, including negotiation, mediation, adjudication, arbitration, and expert determination. These methods can assist you in resolving disputes in the most practical and commercial manner, so you can maintain commercial relationships or regain neighbourly harmony.
However, if your case did proceed to Court, we can also provide you with quality legal advice and knowledge when dealing with all divisions of the High Court, County Court, Specialist Courts, Property Tribunals, and the Appeal Court.
Our commercial litigation solicitors can advise on company-related disputes, including:
Our solicitors can advise on property-related disputes, including:
How our commercial dispute resolution solicitors can help you
Commercial contract disputes
Our commercial solicitors understand the importance of commercial contracts in businesses, but where a dispute arises, seeking the guidance of a legal professional is crucial.
Should you experience a contract dispute, our solicitors can provide sound advice and hands-on support to guide you through the resolution process, helping to keep the stress and impact to a minimum.
We have expertise in contract disputes, including:
- Breach of contract/warranty claims
- Partnership disputes
- Shareholders disputes
- Disputes involving company directors
- Differences as to the interpretation of contractual provisions or retention of title claims
- Disputes in respect of goods and services
- Mortgage, loan, and Financial Agreements
- Commercial agency claims
- Claims concerning misrepresentation
- Defended debt or asset recovery claims
- Small Claims involving businesses
Learn more about our expertise with commercial contract disputes.
Professional negligence
When you seek advice or assistance from a professional, you expect to receive an accurate service. Professionals have a responsibility to provide a service of a reasonable standard. Should their service fall below this standard and impact you, you could be eligible to initiate a claim.
Our solicitors can assist clients through all means of dispute resolution through non-contentious and strategic ADR methods through court proceedings. We will assist with creating a solid argument and find evidence to support this.
Our solicitors can assist with professional negligence claims against the following:
- Solicitors
- Financial advisors
- Accountants
- Architects
- Surveyors
Learn more about our expertise with professional negligence claims.
Misrepresentation
When purchasing supplies or services for your business, you often rely on the information provided before deciding. If a false statement does not represent the supplies or service, you may be able to claim compensation for any financial losses experienced.
Our team has a strong track record for recovering damages. We aim to avoid court proceedings using our extensive expertise and knowledge in our out-of-court tactical approaches.
Our solicitors can assist with misrepresentations claims, including:
- Fraudulent misrepresentation
- Negligent misrepresentation
- Innocent misrepresentation
Learn more about our expertise with misrepresentation claims.
Partnership and shareholder disputes
Business relationship disputes can be harmful to a business and its reputation, as well as impacting other important factors, including operations.
Our solicitors can guide commercial clients to reach amicable agreements. The team will assist with analysing director's actions and identifying breaches for director's duties disputes, providing representation in Court, and more.
Our team has expertise in matters such as:
- Partnership disputes
- Director's duties disputes
- Shareholder disputes
- Procedural applications under The Companies Act 2006
Learn more about our expertise with partnership and shareholder disputes.
Debt recovery
Finances are crucial to a business's success. Where creditors owe money, this can significantly impact a business's cash flow.
Our solicitors can assist with pre-action protocol, including a letter of claim from a solicitor. This often prompts a quick repayment, but should it be unsuccessful, our solicitors can assist with court litigation and debt recovery enforcement should it be necessary.
Learn more about our expertise with commercial debt recovery.
Landlord and tenant disputes
Whether you are a commercial landlord or tenant, disputes can negatively impact all areas of your business.
Our solicitors encourage clients to seek tactical means of resolution, avoiding unnecessary and contentious court proceedings, instead negotiating and finding an amicable solution.
We can support you with the following:
- Business lease renewals
- Dilapidations and other breaches of covenant
- Forfeiture and applications for relief
- Leasehold enfranchisement
- Rent and service charge recovery
- Tenancy disputes
Learn more about our expertise with landlord and tenant disputes.
Land disputes
Land disputes concerning your commercial business can be time-consuming, costly, and impact your ability to conduct normal operations.
Our solicitors can attempt to seek an outcome through mediation, negotiation, arbitration, or adjudication. Should court litigation be better suited, our team will assist with preparations and provide robust representation during court litigation.
Our team has expertise in matters including:
- Disputes with neighbours over rights of way and boundaries
- Recovery of land or premises from unlawful occupiers
- Restrictive covenants
- Village green applications
Learn more about our expertise with land disputes.
Adverse possession and squatters' rights
Adverse possession, sometimes called squatters' rights, is a complex area of the law. Obtaining professional legal advice is crucial if you need assistance with adverse possession law matters.
Our solicitors can assist with both claiming and challenging adverse possession and squatters' rights. We will ensure the correct legal approach is taken.
Learn more about our expertise with adverse possession and squatters’ rights.
Construction and building disputes
Construction and building disputes can arise for various reasons, from how many parties are involved, the relationships of those involved, the contract's technical and legal issues, and more.
Our solicitors can provide a pragmatic service, reducing the potential stress that often arises during such situations. The team strives to resolve disputes most amicably through mediation, arbitration, negotiation, and adjudication.
Our solicitors can assist with construction and building disputes, including:
- Breach of the contract
- Disagreement over the terms of a contract
- The amount or non-payment of an invoice
- Quality of the works
- Undiscussed and unexpected delays
Learn more about our expertise with construction and building disputes.
Trust of land claims
When property owners hold their land in a trust, it is typical for difficulties to arise for various reasons. A solicitor's legal advice and support are crucial in such situations.
Our solicitors can assist with initiating a claim under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA), providing advice on your rights and ensuring that your financial interests are protected where possible.
Learn more about our expertise with trust of land claims.
Why work with our commercial litigation team?
After an audit of different areas within our firm, we are proud to have been recognised for our outstanding service and legal knowledge through the governing body, Lexcel (part of the Law Society). This includes client care, risk management, file and case management, people management, structure and strategy, information management, and financial management.
At Warner Goodman, our team understands that commercial litigation can severely impact a business and the importance of receiving sound legal advice and dispute resolution assistance to protect any other detrimental bearings on the business.
Our team takes the time to carefully understand the circumstances behind the matters and the business needs. This allows us to tailor our services to effectively align with these, providing the best possible advice and guidance through your commercial litigation matter.
Commercial litigation and dispute resolution FAQs
What is commercial litigation and dispute resolution? Commercial litigation and dispute resolution boils down to finding an amicable outcome or court decision for disputes that businesses may be faced with.
Dispute resolution is the process of the involved parties coming together to resolve commercial litigation matters. Depending on the circumstances, it can range from out-of-court alternative dispute resolution approaches, including mediation, negotiation, arbitration, or adjudication. Alternatively, court litigation if ADR is not appropriate for the matter.
What is the commercial litigation process?During commercial litigation, there are five stages, which involve:
- Preliminary discussion – the Court often encourages the involved parties to seek resolution through alternative dispute resolution, including mediation, negotiation, arbitration, or adjudication
- Commencement of the case – where ADR is unsuccessful, court proceedings can be initiated, with a claims force needing to be submitted, including the details
- Case management conference – the Court will meet to discuss the matter and how the trial will be prepared. Documents relevant to the case and supporting evidence, including expert reports and witness statements, will need to be disclosed
- Court hearing – a judge will listen to both party's arguments and make a judgement based on this
- Appeals and enforcement
Is dispute resolution part of litigation?Dispute resolution refers to out-of-court tactical approaches to resolving a commercial dispute. Litigation, however, is the Court proceeding part of the resolution.
What does a litigation and dispute resolution lawyer do?A litigation and dispute resolution lawyer can handle all aspects of commercial litigation and dispute resolution, including guiding the options available. This includes the most appropriate resolution method, whether it's ADR or court litigation. Your lawyer will be able to assist with negotiations and help you prepare and present your argument, should Court be necessary.
Speak to our commercial litigation experts today
Need help with commercial litigation advice? We have specialists in Southampton, Portsmouth, Fareham, Chandler's Ford and Waterlooville.
To learn how Warner Goodman Solicitors can assist you with commercial litigation services, contact the team on 02380 639 311 or email helenporter@warnergoodman.co.uk.
