SERVICES
FOR BUSINESS
COMMERCIAL DISPUTE RESOLUTION SOLICITORS IN READING & HENLEY
Property Disputes
- Retailers
- Developers
- Investors
- Property managers
- Leaseholders
- Commercial tenants
When commercial property disputes arise, as a landlord, you may feel that your property and your livelihood is at risk and as a tenant, you might feel that your business is under threat or premises is not up to standard.
Landlord and tenant disputes can occur over a number of different issues including:
- rent reviews
- lease renewals
- lease extensions
- service charges
- possession claims
- dilapidations
- rent arrears
- poor workmanship
- overcharging
- failure to complete a project on time
Whether you are a landlord, building contractor or a property owner, our solicitors can take quick action to assess the issues and find the best form of legal remedy. While we will always aim to resolve disputes through the negotiation of a settlement or mediation, we can also support you through a claim or defence in the High Court, County Court or a Leasehold Valuation Tribunal. Contact us for a pragmatic and informative discussion as to your options, timescales and fees. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
Contract Disputes
Contractual disputes can soon escalate and it is important to seek expert legal advice at an early stage of a dispute to prevent costly litigation at a later stage, whether pursuing a claim or being the subject of one.
Contractual disputes normally arise when one party does not comply with the terms of a contract or does not perform their obligations giving rise to a claim for breach of contract. Parties may disagree over
- what was intended
- what a particular clause means
- whether a party has performed their contractual obligations to the required standard
- failure to pay sums due under the contract as they fall due
- termination of the agreement and the potential consequences if this is not done correctly
Managing a contractual dispute can also pose some interesting challenges, as often the dispute is with a customer or supplier, and you may wish to try and maintain the relationship after the disagreement is resolved.
Our Dispute Resolution team have acted for businesses bringing and defending a wide range of complex contractual disputes in Court as well as through mediation and negotiation. We aim to resolve contractual disputes as quickly and cost-effectively as possible, carefully steering disagreements to a conclusion.
We can advise on the strength of your position in respect of breaches, guidance on claims for damages, the steps to be taken to mitigate any loss or protect your position, the possible methods of negotiating a mutually acceptable variation or termination of the contract. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor to see how we can help you get matters resolved.
Debt Collection
We understand that unpaid invoices can affect your business cash flow and create anxiety and uncertainty. We can provide practical advice to help you recover the maximum amount of the debt, as quickly as possible and with minimum cost. To view information on our fees please click here.
We are experienced in all types of debt collection including:
- serving letters before action for unpaid debts
- issuing legal proceedings
- asset tracing
- obtaining and enforcing judgments
- receiverships and bankruptcy
- Company Voluntary Arrangement (CVA)
- Individual Voluntary Arrangement (IVA)
We can help you have efficient credit control procedures in place and assist you in recovering debts should they become overdue by contacting the offending parties on your behalf. Our experienced team will quickly be able to establish whether there is a genuine reason for late payment or whether the debtor is using delaying tactics. We can also assist with asset tracing to establish if a debtor is financially able to repay the debt, or are actually attempting to hide their assets from creditors, before pursuing court proceedings.
If you are trying to recover a debt owed to you, or wish to agree a way forward with creditors to manage repayment of debt, our solicitors can advise and implement the most cost-effective legal process for you. We will regularly provide you with accurate costs so that you can always ensure that the costs/benefits are acceptable and keep you informed at every stage. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
Corporate & Shareholder Disputes
- company buyback of shares
- cancellation or variation of rights
- deferred consideration
Company directors accused of breaching their obligations or failing in their responsibilities may face disqualification for up to 15 years, meaning they cannot start, market or run a company or be a director of any company with UK interests. Breaching the disqualification terms could also result in a fine or imprisonment.
If you need help regarding director disqualification, we are experienced in this complex area of law and can provide advice and assistance on the disqualification process.
Partnership Disputes
Partnership disputes can cause a great deal of disruption and uncertainty for the partners, their employee and clients. If not resolved partnership disputes can damage professional reputations and business income, so it is important to get practical legal advice quickly before matters escalate.
We regularly advise partnerships and LLPs, as well as individual partners and members, on disputes, including:
- Misconduct – where a partner has failed to uphold professional standards
- Fraud and Theft –if a partner has withdrawn money from the business without consent or creates fraudulent accounts
- Breach of the partnership agreement or LLP members’ agreement – where one partner has failed to or is unable to carry out an appropriate share of the work
- Disagreements relating to responsibility, authority or how commercial objectives should be achieved
Enforcement of Judgments
Obtaining a judgment or order in your favour for an award of damages and/or costs is only the first step in obtaining redress, given that a Court will not automatically enforce any order. The onus is placed upon you to take enforcement action. There are many methods to achieve reimbursements which need to be considered carefully before action is taken so that you know which property and/or assets can be targeted in order to ensure the payment of the debt.
It is important to make enquiries as to the assets held by the debtor and in what form, as this will be important when deciding which enforcement method to pursue. We can ascertain this in a number of ways such as:
- writing a letter requesting the debtor to voluntarily provide a list of their assets
- consulting the Insolvency Register to check whether the debtor has been declared bankrupt
- doing a land registry search to ascertain what property the debtor
- searching Companies House to see whether the debtor’s company has any assets or has been wound up
- Application for an order that debtor attends Court for questioning and provides evidence of assets and income.
- conducting online research to identify further information.
- Third party debt order – This allows a creditor to recover the debt owed from a third party who holds funds for the debtor, for example a bank account
- Charging order – obtains a charge over a debtor’s beneficial interest in land, the debt would then be paid following the sale of the property
- Attachment of earnings – ensures that a proportion of the debtor’s salary is deducted by their employer until the whole of the debt is paid
- Commence insolvency proceedings – if you are owed more than £5,000 from an individual then a bankruptcy petition can be presented. If you are owed more than £750 then a winding up petition can be presented. Before doing so, it may be necessary to first serve a statutory demand
- Writ of control and warrant of execution – from the High Court or a warrant of control from the County Court, authorising an enforcement officer to seize goods to be sold to satisfy the judgment debt