Disputes & litigation
At the root of the relationship between businesses are the agreements between them as to what they have agreed to do, when and for how. The rights and obligations that the parties have agreed – the contractual relationship – is the core of their relationship and when things go wrong businesses need not only advice on the legal position but pragmatic, sensible, commercial advice on how to resolve the dispute. Businesses enter into contracts all the time and in many different ways – it is part and parcel of being in business that disputes will arise.
Our lawyers are expert and specialist in providing sound legal advice and commercial guidance which focuses on resolving disputes quickly, cost-effectively and, where appropriate, preserving the business relationship.
Partnership and Shareholder Disputes
When people go into business together they often assume that they will always get on and that they will not have any significant disagreements. Regrettably, disputes between co-owners of businesses are common and when they do arise are often acrimonious.
Our lawyers have broad experience on advising parties involved in all manner of disputes between owners of businesses, regardless of the structure of the business itself. Our team has advised minority shareholders in disputes with shareholders holding the majority of the shares in a company; we routinely advise partners in traditional partnership businesses and represent members in dispute in connection with limited liability partnerships. Not only are we experienced on advising in relation to the law which applies but we provide specialist, pro-active advice on how the dispute can be resolved quickly and without unnecessary acrimony and expense – not only is that important to the individual people in dispute but for the well-being and reputation of the underlying business.
Breach of Warranty Claims
We have broad experience of acting for parties in disputes following a disposal or acquisition of a business. Although we are able to advise on all disputes which arise out of the sale/acquisition of a business, typical issues which arise after the transfer of a business relate to claims arising out of a failure to pay agreed sums for the business/business interest or a claim that the business (or some part of the business) is materially in a different position than warranted by the seller.
We have deep experience of advising in relation to breach of warranty and/or misrepresentation claims, claims for indemnity amongst others. We pride ourselves in providing excellent advice not only in relation to the legal position of the respective parties but also advice on how the dispute may be resolved as quickly as possible with appropriate use of expert determination and mediation.
Construction and Building Disputes
Our dispute resolution/litigation team has great experience in acting for building contractors and individuals in disputes in relation to building/construction works.
In many cases it is important to take early advice before there has been a complete breakdown in the relationship between parties, as that increases the prospects of the project being completed and reduced the fallout from the dispute.
We advise on the full spectrum of building disputes, from disagreements about the contractual position of the parties, cost of works, the completion of works and defective works (amongst others). To deliver timely and pragmatic advice, we have developed good relationships with other professionals working in the sector, from building and quantity surveyors to architects and structural engineers.
Although we are able to achieve a resolution of the dispute in most cases without the need to issue litigation, adjudication or arbitration proceedings, where other avenues have been exhausted and it is necessary to commence legal proceedings, we have excellent relationships with specialist construction experts and barristers to give you to the best possible chance of securing the best possible outcome.
Intellectual Property Disputes
The intellectual property that a business creates is often of fundamental importance to the success of the business.
All businesses these days provide services or products using brand names and logos and it is critical for those businesses to ensure that they are protected against their earned reputation which is built up in connection with those services/products being lost. Not only are we able to advise on the steps that prudent businesses should take to protect their intellectual property, but we provide advice and representation to businesses in preventing misuse of intellectual property such as trademarks by third parties, so that other businesses simply do not use your logos and brand names to profit from your good name and reputation.
In other cases, for example where your products are literary creative works, or rely on inventions, we are able to advise on the appropriate way to protect and safeguard such rights so that you can exploit them fully, and we provide representation and advice to ensure that such rights are not misused by third parties.
The areas on which we are able to provide advice include the following rights:
- Trademark infringement
- Copyright infringement
- Patent infringement
- Design rights
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