Commercial Disputes

Key Commercial Dispute Services

We can advise on various types of commercial disputes including:

• commercial contractual disputes including insurance disputes;
• director, shareholder or partnership conflicts;
• debt collection;
• intellectual property infringements;
• construction and property disputes;
• professional negligence;
• insolvency issues; and
• judicial review.

Keeping you out of court

Mediation is a very successful alternative to court litigation in resolving disputes. It offers a 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 often 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. 

Arbitration might also be an option for you. 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. 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.

Funding a commercial dispute

Resolving commercial disputes can be expensive and even with our effective legal team there are additional costs such as court fees, barristers and experts to factor in.

We can help you explore ways to reduce both the up front cost to you, and reduce the risk of having to pay legal costs to your opponent if you lose.

• Legal Expenses Insurance: As an individual you may have cover under your household contents insurance policy, or as a business you may have taken out legal or business interruption cover, or Directors’ and Officers’ (“D & O”) insurance. We can work with your insurer to agree a strategy and a budget to run the litigation at your insurer’s cost.
• Litigation Funding: We have links with a number of companies who offer to pay the legal costs of a dispute up front, in return for a share, usually around 30%, of the damages won. You will also be required to take out an “After the Event” insurance policy to protect you and the funder from having to pay costs to your opponent if you lose.
• “After the Event” Insurance: A number of insurance companies offer insurance policies to protect you from paying the winner’s costs if you lose the case (known as “adverse costs”). These policies are usually “self insuring” which means that there is no premium to pay up front. A notional premium is agreed, which usually increases at different stages of the case as the risk increases. If you win the case, you will pay the insurance premium out of your damages. If you lose the case, there is no premium to pay at all.
• Conditional Fee Agreement: If you are making a claim, rather than defending one, and you are willing to share an agreed percentage of your damages with us, we will look at entering into a “no win, no fee” agreement if your case is strong enough.
• “Pro Bono” work: If your case is of significance to a wider group or of importance for the public good, we will consider taking on the case without charge if it is likely to be successful.

How we work with you

Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:

• Over the telephone
• Via video conferencing
• In face to face meetings

We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.