Disputes
Commercial Litigation
Disputes can distract a business from what it does best. We help businesses and directors understand their position quickly and choose a practical, proportionate route to resolution.
Disputes between businesses
Commercial litigation covers disputes between businesses, or involving a business and its owners or directors. These disputes can involve significant sums and can affect cash flow, reputation and working relationships.
The right approach depends on what the business wants to achieve. In some cases the priority is a quick recovery of money; in others it is protecting a long-term relationship or confidential information. A proportionate strategy considers cost, time and commercial impact, not just legal merit.
Higher-value or more complex business disputes may be heard in the specialist Business and Property Courts. Many commercial contracts also include dispute resolution clauses requiring negotiation, mediation, expert determination or arbitration.
Common situations
- Breach of a commercial contract or supply agreement
- Unpaid invoices and disputed debts between businesses
- Disputes between shareholders, partners or LLP members
- Disagreements with suppliers, distributors or agents
- Disputes involving restrictive covenants or confidential information
- Claims involving misrepresentation in the sale of a business or asset
Your options and next steps
We start by understanding your commercial objective and reviewing the key documents, including any contract terms that govern how disputes must be dealt with.
Where a business owes money, the Late Payment of Commercial Debts (Interest) Act 1998 may allow you to claim statutory interest and fixed compensation on overdue invoices, unless your contract provides a substantial remedy of its own.
Shareholder disputes are often shaped by the company’s articles of association and any shareholders’ agreement. Options may include negotiated exit arrangements, mediation or, in some cases, court applications.
Throughout, we keep the risks, likely costs and alternatives in view, so you can make informed commercial decisions.
Documents and evidence that may help
You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:
- The relevant contracts, terms and conditions or framework agreements
- Purchase orders, invoices and statements of account
- Key emails and correspondence
- Company documents, such as the articles of association and any shareholders’ agreement
- Board minutes or records relevant to the dispute
- A summary of the commercial outcome you would like to achieve
How we assess your enquiry
- Tell us what happened. Use the enquiry form, call or email with a short summary.
- We review the details. We may ask a few questions or request key documents.
- We explain your options. Including whether your matter is one we can help with.
- You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.
Frequently asked questions
Can we claim interest on late payments?
Often, yes. Where both parties are acting in the course of business, the Late Payment of Commercial Debts (Interest) Act 1998 may allow you to claim interest at 8% above the Bank of England base rate, plus fixed compensation, unless the contract provides a substantial remedy for late payment.
Do we have to try mediation?
The courts expect parties to consider alternative dispute resolution, and can order them to take part in it. Unreasonably refusing ADR can lead to costs penalties.
Our contract has an arbitration clause. What does that mean?
It usually means disputes must be resolved by arbitration rather than in court. Arbitration is private and the decision is generally binding.
Can you help directors personally?
We can consider enquiries from directors about disputes connected with their role, subject to checking for conflicts of interest.
Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.
Free initial consultation
Tell us briefly what has happened and we will explain your possible next steps.
Check your contract
Many commercial contracts set out how disputes must be resolved. Look for clauses about notice, mediation or arbitration.
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Talk to us about your situation
A free initial consultation gives you the chance to explain what has happened and understand your options, with no obligation to go further.
