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Dispute Resolution

Disputes happen. Your client or customer does not pay when it should, or at all. Your employee sues you for unfair dismissal or discrimination or, on the other hand, leaves to set up in competition with you, having taken copies of your customer database. Your supplier delivers faulty goods or gives advice which was, simply, wrong. A competitor might infringe your trade marks, poach your staff, rubbish the competence of your business to your customers.

Disputes are nasty. They should be managed effectively from an early stage. Under the rules of court, litigation (the term used to describe the taking of a dispute through a court process) must be the last resort for settling a dispute. We will work with you to explore whether the dispute can be settled on commercial terms to your best advantage. Would the parties benefit from mediation which might well bring clarity to both sides? Is the dispute suited to the decision of an expert? Does the technical nature of the dispute point to a specialist arbitration? Roll of the dieWe will give you clear legal and, where we consider it appropriate, commercial advice. Success cannot be left to a roll of the die which might lead to the case flaking away.

Disputes are usually anticipated. Yet, occasionally a problem arises out of the blue and there is often a need to act very swiftly. In those cases it might be necessary to move to court immediately to apply for (or defend) an injunction.

Disputes are expensive; they consume your valuable time; they are disruptive to personal and business life; they can be emotionally draining; they can be embarrassing; the outcome is often uncertain and even a ‘good’ case, if there is such a thing, can be lost by poor evidence or mistakes made under pressure of cross-examination. There is rarely a winner.

Balance the costThe conduct of litigation is subject to the overriding objective that the court will deal with cases in ways that are proportionate to the amount claimed, the importance of the case, the complexity of the issues, the financial position of each party, and allocating court time and resources accordingly. We will carry out a cost benefit analysis with you – balancing the outcome you are seeking against the likely financial cost.

We look for solutions, whatever your problem. Out-of-the-box thinkingIt is difficult to lose a good case. It is in the weakest cases that you need some out-of-the box thinking. We believe we can help you.