Business, commercial contract disputes

Commercial contract disputes

Contracts are an integral part of doing business. The contracts may be with suppliers, clients or customers, consultants or advisers, businesses – all enterprises need contracts to develop and fulfil their purpose and objectives. It is a fact of life that contracts do not always run as one would wish and issues arise between the parties to the agreement which bring them into conflict. The lawyers’ role is to advise and represent  their clients’ interests in securing a resolution.

Director, Shareholder, Partnership disputes

Running a business, or having a senior position in a business, is never straight forward. Director, Shareholder and Partnership can often occur, which is the last thing you need when facing the day to day challenges that a business owner encounters. The disputes often result in a complex and time-consuming issue that needs to be settled with support from a highly trained legal professional.

That’s where Paris Smith comes in. Our team has a breadth of knowledge to support you as you navigate your way through relationships breaking down, disagreements, and concerns around conduct or actions by any senior members within your business.

In an arena where the main parties are Directors, Shareholders and Partners, things can often become personal and highly emotive very quickly. Our lawyers will always endeavour to ensure that your reputation is protected, your business remains stable and that there are no unwelcome opportunities for competitors. To find out more about our expertise on director, shareholder and partnership disputes please visit our dedicated page.

Debt collection & asset recovery disputes

Debt collection and asset recovery disputes occur when the payment of an invoice is not forthcoming. These disputes can take place for a number of reasons. Perhaps the debtor does not have the funds to pay or maybe they are disputing the debt entirely. Either way, it’s important that as a business you are receiving the money required to meet your objectives, pay your staff and suppliers, to purchase more stock…this is not an exhaustive list. As they say in the business world – “Cash is king.”

At Paris Smith, we firmly believe that the best way to resolve debt collection and asset recovery disputes is through prompt, professional and persistent action. We have many years of experience in this area of work and have managed to resolve a number of disputes for our business and commercial clients. Our goal will always remain to recover the asset or debt in a manner which is outcome-focused to meet your business needs. Check out our dedicated page to find out more on our approach and the expertise about the Debt collection and asset recovery disputes.

Intellectual property disputes

The last thing you want in business is an intellectual property dispute. Intellectual property underpins your business and gives you monopoly rights to stop competitors from taking advantage of your creation.

When you’ve taken the trouble to protect your intellectual property through a Design Right, Trade Mark or Patent, or even copyright, it’s incredibly frustrating when a third party then tries to take advantage, and it’s important to take swift action to ensure that your rights aren’t being infringed.

Our intellectual property disputes team is composed of highly experienced lawyers with both legal and commercial experience. They will ensure that any necessary action is taken quickly so that you don’t lose your ability to stop any infringement upon your IP. Rapid guidance and pro-activity are at the core of our intellectual property disputes team; they will make sure that you’re able to see the bigger picture around any issues that may arise, and the best way to deal with them.

Arbitration

Arbitration can most easily be explained as an alternative to court proceedings, by which an independent arbitrator is appointed by either the parties involved in the dispute or a third party.

Essentially, arbitration is a resolution mechanism which is agreed by the parties involved in a said dispute to a contract and recorded in the dispute resolution clause. Such clauses are often seen in contracts for supply of goods and services internationally or domestically, franchise and distribution contracts, some joint venture agreements, as well as those contracts concerned with intellectual property or construction.

Decisions on the merits of the dispute by an arbitrator are usually final and not subject to appeal, so it is therefore vital that you get the appropriate legal advice before entering into proceedings.

Mediation

Unbeknown to many, mediation is a very successful alternative to court litigation in resolving disputes. It offers a non-binding forum in which an accredited mediator – who is of course also a neutral party – acts as a facilitator in order to help parties resolve their differences. This means that a suitable settlement can be reached without the need for court proceedings to take place. Mediation then results in an enforceable contract being made, but only when all parties sign a written agreement.

At Paris Smith, we’re pleased to be able to offer the services of a team of professional independent accredited mediators. Led by our managing partner, Peter Taylor, our team is highly experienced in helping businesses find an appropriate resolution to any disputes or differences through mediation.

Construction disputes

Because construction is such a fundamental element of the modern economy, construct disputes require swift action along with a high level of specialist focus and attention. Such disputes can be hard to avoid and often result in a highly complex situation that involves numerous aspects and parties.

The three most common cause of construction disputes are:

• A failure in the administration of the contract
• A lack of understanding
• The failure to give the required notice under the contract

Time is of the essence when it comes to construction disputes, and Paris Smith’s construction disputes team are extremely experienced in acting quickly to ensure that a resolution is found to avoid any mounting costs or unnecessary disruption to the business.

Property disputes

Property disputes are not uncommon and can arise for a multitude of reasons. Whether a dispute arises between landlord and tenant, over ownership or possession, rights of way, access, or even the wording on key documents, it’s important that you have a team with specialist expertise on hand to help you navigate your way through such a situation.

At Paris Smith, our Property Disputes Team has a vast level of experience in reaching high-value settlements, advising on insolvencies, managing lease renewals and resolving long-standing neighbour disputes – to name but a few. With over 60 conveyancers and 10 litigation lawyers, we’re here to help resolve even the most complex of property disputes.

Professional negligence

In business it is natural that mistakes are made, things are missed or deadlines aren’t met. Sometimes, however, this can happen to such an extent that is officially deemed professional negligence. It’s important that in these cases you have a team of experts around you to offer advice on how you move forward to recover from any financial consequences of professional negligence.

At Paris Smith, our team of professional negligence lawyers are ready and waiting to help you tackle your case. Historically they have successfully acted in claims against architects, insurance brokers and surveyors (amongst many more). If your business has suffered financially because another’s professional actions, then it’s likely that your case will merit investigation from our team.

Insolvency-related disputes and litigation

The insolvency of a business inevitably involves issues of uncertainty and conflicting legal rights and remedies which need careful handling to avoid unnecessary liabilities and exposure.

The Corporate Restructuring & Insolvency team’s litigators investigate, pursue and defend matters for and against insolvency practitioners (IPs), insolvent companies and directors, from applications and filings at court for insolvency relief and directions, to the re-use of insolvent company names, director disqualification, and specific claims under the Insolvency Act for matters such as misfeasance, wrongful trading, preferences and undervalues.. They also advise and assist creditors, debtors, companies facing financial difficulty and financial institutions asserting or facing potential claims with matters such as enforcement of, and challenges to, security, as well as contingency planning and insolvency risk management

To find out more about our expertise in corporate restructuring & insolvency please visit our dedicated page.

How to fund your dispute

The funding of disputes is something that you don’t want to catch you by surprise. Resolving disputes is costly; no matter how efficient your legal team is, additional expenses such as court fees as well as the cost of barristers and other experts are often unavoidable.

At Paris Smith, we can help explore the best way of funding disputes. This means that we’ll explore every avenue to reduce the cost for you or your business, and reduce the risk of having to pay legal fees to your opponent if you lose.

Legal Expenses Insurance: It is always worthwhile checking if you have cover under your household content insurance policy, or through legal or business interruption cover, or D&O insurance if you’re a business or director. If this is the case then our team of experts will work with your insurer to agree on a strategy and an efficient budget to run the litigation at your insurer’s cost.