Back to In-House Counsel

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.

Contact our team

GET IN TOUCH

CONTENTS

Key Commercial Dispute Services
Keeping you out of court
Funding a commercial dispute
In-House Counsel
How we work with you

Get in touch

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
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.

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

“I wanted to thank you for the great service accorded by Paris Smith. Right from the initial contact it seemed “right”. Thank you. I was also very impressed at how Christina got to grips with the technical aspects of our issues and drafted a very forthright but extremely well-structured rebuttal of claims against us. ”

Geoff Neal, Managing Director

Euclid Limited

“We had finally found a firm of solicitors who dealt with matters with the expediency, urgency and enthusiasm that we ourselves input to problem cases. In the event of default and disputes Delta Finance had engaged a number of different firms of solicitors over the years and found the process slow and cumbersome. After being recommended to the team at Paris Smith we had finally found a firm of solicitors who dealt with matters with the expediency, urgency and enthusiasm that we ourselves input to problem cases. It has also been refreshing to receive advice from someone with a detailed knowledge and genuine understanding of our industry.”

Julian Hill

Delta Finance Corporation

“Paris Smith have provided our organisation with legal advice on complex public procurement issues where time has been of the essence, bringing in Barrister support. On each occasion they have provided us with speedy and accurate responses that have enabled us to be successful in our disputes and prevented an escalation in legal costs and time.”

Peter O’Driscoll, Director

RingGo Ltd

“Sources state Paris Smith provide the gold standard of commercial dispute resolution in Hampshire”; “A vast amount of expertise in this firm where nothing is too trivial or too daunting. Support staff right through to partners are efficient and effective”; “A great team with real experts in their field. Courtesy and transparency together with speed of response make them stand out from the crowd.” Another source says “They took time to understand our needs and accepted a fairly complex situation with complications caused by undertones of personal conflict”; whilst another says “All round competence with a commercial stance adopted”. Other sources mention individual staff : “Helen Brown took great care to listen to our case even though it was not ever going to be a large account. She gave us very clear options and worked hard to deflate what could have become a very costly personal dispute between directors. Her advice was always pertinent and thoughtful. Her approach was very reassuring and with no pressure”; Chris Holliss – encyclopaedic knowledge of his practice area. Especially good on agency disputes. Always client-focused”; and “Helen Brown – calm, assured, sensible, cogent individual with an appreciation of the commercial realities of the situation. Very strong technically.”

Legal 500 2023 – Referee Comments

“Referees say “It’s a very highly skilled and knowledgeable team with a range of experts who can help to a very high standard;” “The team are responsive and able to answer queries quickly and effectively. Our conversations were always pragmatic and understanding of the commercial realities of the situation” and “Paris Smith provides knowledgeable and practical advice.” ”

Chambers & Partners 2023 – Referee Comments

Chambers and Partners Legal Directory 2024

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

“All the staff I’ve encountered have a broad knowledge and don’t need to consult colleagues.”

“It amazes me how they can fully understand my business and our service offerings with ease. It’s a true indication as to the level of expertise in the team.”

“Everyone within the company I’ve come across acts professionally with care and support.”

Noticeable Practitioners

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.

“Helen Brown is a sensible litigator.”

“Helen is always ready to grapple with highly complex cases and difficult clients and opponents.”

“She’s hugely energetic, pays great attention to detail and never misses the important points.”

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.

“100% confidence is instilled from Chris and he grasps the most complex of cases in minutes, offering frank and reassuring appraisals. I’m glad he’s on our team as I wouldn’t want to be opposite this shrewd litigator.”

“A professional yet personal approach to doing business.”

“Chris is at the end of the phone to help with questions and point us in the right direction for any specific case. He’s very responsive and he works well with us.”

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.’