Commercial Disputes

Commercial disputes can arise between companies, or between individuals and a business, for many different reasons. Often, one party will have breached their obligations to the other under the terms of a contract, or the members of a business have fallen out about the direction the business is taking, or about how much time each of them spends working. In some cases, commercial relationships are destroyed by this type of dispute, and you will need advice about how to remove yourself, or someone else, from your business, and recover your losses. In other cases, you will want to preserve your relationships with your business partners or clients. Either way, we have the expertise to help you, having dealt with different types of commercial disputes for clients both in the South West and throughout the country, for many decades.

  • A recent decision sees a return to the stricter provisions for service of claims under the Civil Procedure Rules.
  • A well-publicised dispute between supermarkets about their caterpillar cakes has been in the news again recently.
  • Serving court papers on an opponent can be difficult if their offices are closed - so what can you do?
  • The impact of the coronavirus is affecting every area of life, but how is it affecting the courts and the handling of civil claims?
  • A recently decided case has clarified how a judge should deal with a case if a party is late for a trial.
  • A forward-thinking judge has made history by allowing the service of a court order via Instagram.
  • The usual rule is that if you start proceedings and then stop them, you should pay the costs, but you can get around this in certain circumstances.
  • What can you do if someone has valuable evidence, but refuses to help you?
  • After a McKenzie Friend gave wrong advice which led to a child being removed from the country, new warnings are issued to people seeking advice with cases.
  • In a recent case, a litigant in person was ordered to pay the defendant's costs after they revealed an offer and caused the case to collapse.
  • New guidance suggests that they are, but steps can be taken to ensure that disputes do not arise.
  • In an unusual case, the court held that a Defendant could be served with a claim by text message.
  • It's quick and easy to change your solicitor. Read on to find out how.
  • Litigants in person who are unfamiliar with court procedure can often make errors, but a recent case suggests that solicitors who realise what is going on, do not necessarily have to help.
  • A recent widely reported case has considered just this point.
  • Many contracts will require a non-refundable deposit to be paid, to secure goods or services. But is this fair and enforceable?
  • A recent case has highlighted how important it is to get court proceedings right from the very start.
  • A recent study demonstrates that most claims take just over a year to get to trial. Perhaps we can help you settle more quickly?
  • The Competition & Markets Authority has announced a crackdown on certain business practices - could you be affected?
  • If an insurer declines your claim on the basis that you have not notified them about it in time, the decision in a new case could be helpful to you.
  • If you have been sent an N1 claim form, this helpful guide explains what you should do next.
  • Judith Thompson

    Judith Thompson Partner
    If you are worried that a claimant won't pay you, even if you win, we can help with an application for security for costs. Read on to find out more.
  • In a recent Court of Appeal case, the claimant who owned a defective product which caused a fire, was not able to claim against the manufacturer. Read on to find out more.
  • The Third Parties (Rights Against Insurers) Act 2010 finally came into force on 1 August 2016. If you want to bring a claim against a person or a company who has gone bankrupt, this is a must read for you.
  • A claimant was allowed to keep damages even though the claim was fraudulent, because of the other side's delay. Read on to find out more.
  • Read a summary of how we assisted a commercial client settle a dispute without the need to go to Court.
  • Two new cases highlight the importance of alternative dispute resolution, and the consequences for parties who unreasonably refuse to mediate.
  • If you are not happy with your current solicitor, you can change, even if you have a conditional fee agreement. Read on to find out more.
  • The Court rate of 8% has been around for a long time - should you be claiming this on top of your damages?
  • A recent case highlights the importance of starting claims quickly, when documents are still available. Read on to find out more.
  • Bad debt can be crippling to both businesses and individuals. We have a streamlined and cost effective debt recovery service available today. Read on to find out more.
  • The Consumer ADR Regulations came into force on 1 October 2015, to promote mediation as a way to resolve consumer disputes, particularly in relation to online sales.
  • The Enterprise Bill 2015 includes provisions to compel insurers to pay out claims quickly, with failure to do so meaning they would have to also pay damages.
  • The Consumer Rights Act 2015 came into force last week. What new rights does it hold for consumers?
  • Only a few months since huge fee increases were imposed, further increases are now contemplated. Is this fair?
  • When two parties are in a dispute, it's important to take cost effective, speedy, and expert advice, to stop the problem escalating. Read on to see how we can help:
  • The new regulations update the existing alternative dispute resolution regulations
  • Do you need help with a case you have been dealing with yourself? Read on for further details.
  • You are free to instruct whichever solicitor you like to handle your case, so don't stick with a solicitor who you think is making mistakes, or who takes to long to deal with your matter.
  • The Supreme Court were surprised by the arguments raised by a Saudi prince concerning the disclosure of documents. In the end, no exceptions were made because of royal status.
  • Proposals to increase court fees by huge percentages will reduce access to justice and could damage small businesses. Starting claims against your debtors now could save you a lot of money.
  • Judith Thompson

    Judith Thompson Partner
    Has a professional let you down? Maybe you lost a case in court, or you have fallen out with your accountant or architect. If so, you need to know what evidence you need to bring a successful claim. Early analysis is essential to avoid costly mistakes.