Commercial Disputes
It is a fact of life that commercial disputes arise. It is almost inevitable that not everything will go to plan all of the time. Issues can arise and conflicts can occur, but that needn’t be a cause for concern if you have the right representation. Our team strives for swift, cost effective and realistic solutions.
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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.
In-House Counsel
Our team of experienced lawyers is well-equipped to support you in various ways. Whether you require advice on a specific issue, additional resources due to capacity constraints, or a second opinion, we are here to help. Explore our legal counsel page for more information and details on our schedule of seminars, specifically designed for in-house counsel.
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
- Online appointments
- 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.
Get in touch to speak with an expert.
Introducing your key contacts
Guide to Litigation
We created this guide to provide you with an overview of the litigation process in England & Wales. You will find a summary of the common stages a civil case goes through, whether your case is a personal one or commercial, and some of the options available to resolve a dispute.
Download our Guide to Litigation here.
How we’ve helped our clients
Chambers and Partners Legal Directory 2025
What the team is known for
Paris Smith has experienced teams in Southampton and Winchester and an established reputation on the South Coast. The firm acts for a range of regional and national clients in sectors as diverse as manufacturing, recruitment and financial services. Regularly called upon for its strength in shareholder and payment disputes, the team has additional expertise in contentious insolvency matters and contractual issues.
Strengths
“We have high regard for the team’s diligence and consistency of high level responsiveness. A service second to none.”
“The team always keeps us informed and communication is always same day, sometimes out of hours.”
“Paris Smith are always quick responding to our concerns and enquiries. They provide a good, considered and courteous service.”
Noticeable Practitioners
Chris Holliss
Chris Holliss advises clients on shareholder and contractual disputes, as part of his wider litigation practice. Based in Southampton, he is also head of the debt collection and asset recovery team at Paris Smith.
“Chris goes above and beyond for his clients, and is a team player who really delivers.”
“Chris Holliss is a real hard-hitter with excellent knowledge of industry, commerce and of course, the law.”
“Chris is our first choice for any litigation work. He has a strong reputation within the local market and beyond for his knowledge in recruitment and invoice finance litigation.”
Helen Brown
Helen Brown handles a range of corporate litigation concerning breaches of warranty and fiduciary duties, as well as issues related to shareholder and partnership agreements. She is based in the firm’s Southampton office.
“We are very happy to provide a first-class review for the service we have received and continue to receive from Helen Brown.”
“Helen showed immense fortitude in a very complex piece of litigation, rolled up her sleeves and really got into the very complex details of the case.”
“An exceptionally competent professional.”
Legal 500 Directory 2025 Edition
Paris Smith LLP routinely advises clients on warranty claims, shareholder disputes, and debt recovery issues. David Eminton heads up the dispute resolution practice in Southampton with more than three decades of experience handling both commercial and property litigation. Helen Brown handles a variety of matters such as contractual disputes, IP infringement work, and professional negligence claims. Praised for being ‘pragmatic and commercially astute’, Chris Holliss specialises in litigation relating to banking and finance as well as insurance issues.
What clients say:
‘The quality of service has been first-class, and our experience of the firm has greatly enhanced by the work of Helen Brown.’
‘The quality of advice and work undertaken by Helen Brown has been excellent.’
‘Chris Holliss is pragmatic and commercially astute. He is one of very few lawyers with a solid grasp of both invoice finance and the recruitment sector. He’s definitely our first choice for any commercial dispute.’
‘Chris Holliss is the finest business and commercial dispute solicitor that I have had the pleasure of dealing with. His no-nonsense advice is refreshing. He is an asset to Paris Smith.’
‘The commercial litigation team at Paris Smith is a breath of fresh air in the industry. They are approachable, plain speaking and offer sanity at a time of crisis. Their approach is refreshing and straightforward.’
‘They were extremely thorough and respectful. They couldn’t have been more helpful. They were always available when I needed them.’
‘The team is excellent and very responsive.’
‘Chris Holliss is very skillful. His expertise and grasp of complex scenarios is fantastic.’
Disputes Resources
Blogs
Downloads
Podcast
Is Your Solicitor Playing To Win?
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Is Your Solicitor Playing To Win?
Do your lawyers have the knowledge to win your case? There are many avenues your solicitor could go down to ensure you win, and keep costs down. Partner Helen Brown explores this.
Show Notes:
00:40 What normally happens when you have a commercial dispute? Helen describes the situation you want to avoid
01:30 Helen considers some of the tactical mistakes that are made during a commercial dispute resolution process
01:47 Helen suggests some ideas to think about when you are going through a commercial dispute, how can you ensure you win?
How To Resolve Commercial Disputes Without Going To Court
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How To Resolve Commercial Disputes Without Going To Court
How do you settle commercial disputes without going to court? Mediation can hold the key. In his latest podcast, Managing Partner Peter Taylor explains what mediation is and how it applies to commercial disputes.
Show notes:
00:28 What is mediation? Peter defines what happens
01:00 How successful is mediation statistically and what is the role of the nominated mediator?
01:27 Mediation can be particularly useful when parties need to maintain a relationship. Peter talks through when this might be the case
01:43 Peter talks about the wider benefits of mediation as opposed to the courts.
02:26 What happens if a dispute is not settled in a mediation?
02:49 Are there any disadvantages to mediation?
03:42 What is the process in mediation? Peter explains the stages which parties go through step by step
05:55 What happens when a settlement is agreed? When is this legally binding?
06:58 What does a settlement through mediation feel like?
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