Commercial

• Meet the team

Our Commercial Department offers a rounded, pragmatic approach to most forms of litigation, with a keen eye for the interests of businesses in dispute and of individuals in dispute with businesses.

Our team includes members with experience as in-house counsel and as former solicitors, and we readily appreciate the pressures and constraints which solicitors and clients inevitably have to work under. We are able to offer flexible funding options, tailored to suit the individual case.

We pride ourselves on allying a friendly, open approach with astute analysis and sound legal advice. We appreciate the commercial and economic realities which businesses and litigants face and are alive to the fact that any legal advice has to be tempered with a commercial approach.

Whilst covering a broad range of commercial litigation and advice, the team has particular expertise in contract disputes, Companies Act cases and subrogated recoveries.

Business and Agricultural Tenancies

A number of us have long experience of disputes between landlords and tenants over both business tenancies and agricultural tenancies. Our experience with tenancies under the 1954 Act includes whether a business tenancy exists, questions of termination and renewal, dilapidations and issues of forfeiture, distress and rent arrears. We also deal with agricultural tenancies, both under the Agricultural Holdings Act 1986 and tenancies governed by the Agricultural Tenancies Act 1995.

We have the expertise to take on all kinds of property issues that can arise in relation to commercial disputes. For further details, please see the individual profiles and our Chancery Department page.

Contract

Contract disputes can seriously affect business relationships, whether on a commercial or consumer basis, and even threaten a business’s future. We understand the need for efficient, business-centred advice and effective representation should litigation ensue. Our team have dealt with everything from cases worth a few hundred pounds to major corporate disputes. Regardless of the amount at stake, we know how important it is to get to the heart of the issue quickly to minimise the disruption which badly managed litigation can cause.

We are equally at home acting on behalf of consumers to ensure that they get the best possible advice and representation and do not feel steamrollered by larger opponents.

Companies Acts

The internal dynamics of a business are crucial to its ongoing viability, and the Companies Acts play a fundamental role in governing these processes. Wherever a conflict arises, whether it be an unfair prejudice petition, director disqualification or deadlock in a board’s decision making process, we have the skill, expertise and knowledge to provide cost effective and efficient advice to both companies and individuals.

Insolvency

Our team has the skills and experience to deal with both personal and corporate insolvency, including the issues that occur before bankruptcy/winding up and those arising afterwards.

Partnership

Members of our team undertake partnership litigation in cases that frequently require a mix of expertise, as issues of both contractual and property law may be involved in such a commercial setting. We have the experience to advise on and tackle such matters.

Professional Negligence

The team regularly act for claimants and defendants in professional negligence litigation, which means we act both for and against professionals in such disputes – whether they be surveyors, solicitors and barristers. The litigation may involve complicated issues of liability, causation and damages, and involve a number of parties and professionals.

Subrogated recoveries

We act on behalf of many of the major solicitors and insurers in the UK in recovering sums paid pursuant to insurance policies. From tree roots to faulty electronics and contribution claims, we have the knowledge and expertise to assess and advise on the merits of pursuing a claim and then to provide effective representation throughout the litigation process. We understand the commercial pressures on both insurers and solicitors in driving such cases forward.

Other areas of commercial expertise include

Business and agricultural tenancies, civil fraud, costs disputes, debt recovery, defamation (libel and slander), employment, guaranties and sureties, insolvency – personal and corporate, insurance recovery and credit hire, livery disputes, partnership, professional negligence, professional indemnity, PPI litigation, sale of goods and consumer credit, shareholder disputes.

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