We are experienced acting in all manner of commercial disputes for both claimants or defendants. We have expertise in negotiating settlements and are experienced in pursuing and defending disputes through the Courts, where the avoidance of litigation is not possible.
Our solicitors will always provide clear and up to date information on the anticipated timescales and costs and carefully manage both aspects.
We provide practical advice on all types of property litigation and real estate disputes, for both commercial properties and residential developments. As well as pursuing and defending claims in complex disputes we work closely with the Commercial Property team to offer a comprehensive service. We can advise you on the best forum to resolve a dispute quickly and proportionally whether that be through litigation in Court, mediation or alternative dispute resolution. We act for a broad range of property clients, including:
- Property managers
- Commercial tenants
Landlord and Tenant Disputes
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
- rent arrears
Our experienced commercial property dispute solicitors can provide sensible and pragmatic advice on the most appropriate course of action.
Building Works Disputes
It is important to seek legal advice about building disputes as soon as possible as they can be very complex and are often determined by the various contractual terms agreed between the parties. Claims can include:
- poor workmanship
- failure to complete a project on time
How we can help
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.
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.
How we can help
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.
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.
How we can help
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.
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
Whatever the nature of your dispute, Dispute Resolution team can provide clear, pragmatic advice on the rights and liabilities of respective parties and develop practical and pragmatic solutions to settle matters as quickly as possible.
How we can help
We recognise that partnership disputes can be very sensitive and accordingly that there is the need to observe the highest levels of confidentiality. Our approach is to minimise costs by seeking a fair and realistic settlement to a partnership dispute without resort to formal litigation but where this cannot be achieved, we can support you through the litigation process. Throughout we will keep a keen commercial outlook, recognising that disruption to your partnership needs to be minimised, your reputation needs to be protected, and you need to be clear about the risks involved. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
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.
Once we have confirmed the debtor has goods of value to satisfy the debt, we can advise you on the best method of enforcing judgment, which could be by a number of ways:
- 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
How we can help
We will provide a fast assessment of the situation and advise you as to the best and most suitable means of enforcing a judgement, to recover what you are owed. To see how we can help please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
News & Insights
Our insights into the law in plain English, so you know when it happens, what it means, and how it may affect you.
For THP Solicitors it was already a year of change as the Partnership completed a buyout…Read More
The moratorium on forfeiture for non-payment of rent ended in September 2020.Read More
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