COMMERCIAL DISPUTE RESOLUTION

Nowadays businesses operate in a complex commercial environment in which disputes can easily occur. Litigation is perceived to be an expensive process and particularly in times of financial stringency it is tempting for businesses to do nothing rather than pursue a remedy.

There are alternative methods of resolving disputes rather than litigation which are more cost effective and quicker than going to court. Commercial mediation is a significant development in this respect.

We believe that it is worthwhile for you to come and see someone at Andrew & Co before writing things off. We can advise you about the options available to you.

At Andrew & Co LLP we pride ourselves on approaching client assignments with the commercial reality of the situation firmly in mind. We also understand that budgets and economics are important as are cost benefit analyses.

Whatever course of action is undertaken, we will agree a strategy and budget with you at the outset and all variations will be carefully and thoroughly discussed with you and agreed in advance.

Preventative medicine

There is a lot to be said for talking to a lawyer at the outset of a commercial arrangement. Many disputes arise as a result of the businesses involved in an arrangement failing to properly define their obligations and responsibilities. Properly drawn documentation at the outset of any commercial arrangement is a powerful weapon in the dispute resolution armoury.

Andrew & Co LLP are able to offer advice on a wide range of commercial and business relationships including:

• Terms of trading
• Partnerships
• Joint ventures
• Shareholder agreements
• Acquisitions and disposals
  
• Commercial contracts

While there are no guarantees that properly drawn documentation will prevent disputes occurring, documentation assists in establishing the rights and obligations of the businesses involved in the commercial arrangement and can also provide a cost-effective mechanism by which disputes can be resolved.

Debt recovery

Cash is the lifeblood of all businesses. Without adequate cashflow there cannot be sufficient turnover and an acceptable level of profit cannot be achieved. Credit control and debt recovery are therefore vital tools to the success of any business.

Claims of under £5,000 can be dealt with in the county court under the small claims procedure. The small claims procedure has been developed to enable clients to conduct claims without legal representation. We have developed a Small Claims Road Map which can be found HERE

We are of course happy to assist you with any points which arise during the small claims process and if you would rather us represent you we are prepared to agreed a fixed fee in advance.

Debt recovery claims of £5,000 or more are dealt with in the court, outside of the Small Claims regime. There are greater prospects of recovering costs in these case cases. We are able to advise you about these actions and represent you in court.

We will undertake a cost benefit analysis and if you decide to go ahead we will agree a strategy and budget with you. We will not allow you to go ahead unless you are aware of all the risks.

Dispute Resolution

Disputes are, unfortunately, part and parcel of the business landscape nowadays.

Methods of resolution include:

• Negotiation
• Mediation
• Arbitration
• Litigation

Strategy, budget, risk and cost benefit analysis are all factors to be considered before a decision as to whether to take things forward and how to handle the dispute are taken.

We can offer positive and constructive help in this regard. We will always advise with the commercial reality of the situation at the forefront. Our aim is to achieve a commercially sensible and cost effective solution. We are very enthusiastic about alternative dispute resolution mechanisms such as mediation.

Types of dispute

Among the disputes handled by Andrew & Co LLP's dispute resolution team are:

• Disputes arising from acquisitions and disposals
• Partnership disputes
• Shareholder disputes
• Professional negligence
• Agricultural disputes
• Contractual disputes
• Inheritance disputes
• Intellectual property issues
• Product liability issues
• Property disputes
  

Finally

Our overall objective is to work with businesses as part of the team and assist them in achieving their commercial objectives.

We will agree goals at the outset and, where possible, agree a fixed fee for work undertaken. Where this is not possible we will agree a budget with you and carefully advise of variations and the reasons for the variations in advance.

Our aim is to make a positive and constructive contribution to our clients' businesses.

Contact Phillip Hoskins
Direct Dial: 01522 781474
Profile