Strategic advice when business relationships break down

Our Commercial Dispute Services

We advise businesses, directors, shareholders and investors on complex commercial disputes, combining rigorous legal analysis with a practical understanding of the commercial realities behind the dispute.

Our focus is not simply on winning legal arguments. We identify the client's commercial objectives at the outset and develop a strategy designed to achieve the best overall outcome, whether through negotiation, mediation, settlement or litigation.

We advise on a broad range of business disputes, including:

Contractual Disputes
Disputes concerning breach of contract, termination, non-performance, defective performance, payment obligations, contractual interpretation, warranties, indemnities and limitation of liability.

Payment and Debt Disputes
Recovery and defence of substantial commercial debts, disputed invoices, contractual payment claims, withheld payments and associated interest and costs.

Shareholder and Director Disputes
Disputes between shareholders, directors and business owners, including breaches of shareholders' agreements, unfair prejudice, breaches of directors' duties, misuse of company assets and breakdowns in management relationships.

Partnership and Joint Venture Disputes
Advice where commercial partnerships or joint ventures have broken down, including disputes concerning ownership, profit entitlement, management, contractual obligations and exit arrangements.

Professional and Commercial Services Disputes
Claims arising from professional, consultancy, technology, outsourcing and other business-to-business service arrangements, including disputes concerning the quality or suitability of services provided.

Technology and SaaS Disputes
Disputes involving software implementation, SaaS agreements, system performance, failed or delayed projects, service levels, licensing arrangements, termination rights and claims that technology was defective or unfit for its intended commercial purpose.

Business Sale and Acquisition Disputes
Post-completion disputes arising from share and business acquisitions, including purchase price adjustments, deferred consideration, earn-outs, warranties, indemnities, restrictive covenants and alleged non-disclosure.

Restrictive Covenant and Confidentiality Disputes
Advice concerning non-compete, non-solicitation and confidentiality obligations involving former directors, shareholders, employees, consultants and business sellers.

Misrepresentation and Commercial Fraud
Claims involving misleading representations, concealment, dishonest conduct and transactions entered into on the basis of inaccurate or incomplete information.

Dispute Resolution and Litigation Strategy

Litigation is not always the best commercial solution.

Where appropriate, we seek to resolve disputes through direct negotiation, without-prejudice discussions, mediation and other forms of alternative dispute resolution. A well-structured early strategy can often achieve a substantially better outcome than allowing a dispute to progress immediately to costly proceedings.

Where litigation is necessary, we assist with the development and management of the case from the pre-action stage onwards, including:

• assessing the merits, evidence and potential value of claims;
• reviewing contractual rights, remedies and termination provisions;
• drafting formal notices of breach, termination and dispute;
• preparing and responding to Letters of Claim;
• advising on potential counterclaims and set-off;
• developing settlement and negotiation strategies;
• preparing matters for mediation or other ADR;
• coordinating litigation strategy and working with instructed counsel and solicitors where required; and
• advising throughout proceedings on commercial risk and settlement opportunities.

Early Intervention

The decisions made at the beginning of a commercial dispute can materially affect its outcome.

Before terminating a contract, withholding payment, making admissions or commencing proceedings, it is important to understand the legal and commercial consequences of each available option.

We provide an early assessment of the contractual position, available remedies, evidential strengths and weaknesses, potential exposure and the most effective route towards resolution.

A Commercial Approach to Disputes

Commercial disputes rarely exist in isolation. They can affect cash flow, customers, employees, investors, transactions and the reputation or future direction of the business.

Our approach therefore combines legal analysis with commercial strategy. We consider not only whether a claim can be pursued or defended, but whether doing so makes commercial sense and how the dispute can be resolved with the least unnecessary cost and disruption.

Speak to Us About a Commercial Dispute

If your business is facing a contractual or commercial dispute, obtaining advice at an early stage can preserve options that may otherwise be lost.

We can review the relevant agreements and correspondence, assess your legal position and advise on the most appropriate strategy for protecting your commercial interests.