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Dispute Resolution

We advise on the procedural and strategic conduct of any disputes that our clients may become involved in, whether business or personal.

WHAT WE CAN DO FOR YOU

We combine technical knowledge of the relevant rules of law with an acute sensitivity towards our clients’ commercial objectives and constraints. Our extensive practical knowledge means we have a good understanding of the different procedural regimes in the High Court and County Court.

Shareholder and partnership disputes

Disputes between shareholders are governed by complex rules of law. This makes it essential that you obtain specialist advice at the outset of the dispute.

We have undertaken numerous cases on behalf of shareholders who have found themselves in dispute, invoking the specialist jurisdiction of the Companies Court to grant relief to shareholders suffering unfair prejudice or to wind up a company on the “just and equitable” ground. 

Data protection litigation

With more and more sharing of information, the ability for people to inappropriately access that data for improper or illegal uses grows day by day and unfortunately this has exposed many businesses. Whilst our commercial team work hard to make sure everyone has contracts that mean their data is protected as best as it can be, there are still occasions where data protection laws will be breached and at this point we know and understand how important a quick pro-active response is.

These are just some of the areas we have recently advised on: misuse of information by former directors and employees, publication of defamatory statements on social media or newsprint, misuse of personal private information, complaints, requests and breaches under the Data Protection Act 1998.

Professional negligence

Having employed a professional service provider and finding yourself unhappy with the outcome, how do you know if this is inappropriate attention to detail or in fact negligence? The definition of negligence in a professional service environment is a breach of the duty of care, but how do you know that? This is where we can help, we have years of experience in bringing and defending claims against professionals.

If clients have found themselves in this situation, we act quickly to review either the incident or documentation to help establish if they do have a potential negligence claim against the other party. Our team has years of experience in bringing and defending claims against professionals.

Property litigation

Many property disputes arise out of unforeseen circumstances. We seek to identify and prevent those risks at an early stage of a transaction but when things do go wrong, we’re here to help. We believe in and encourage all forms of Alternative Dispute Resolution including mediation, arbitration and the appointment of an independent expert but we’re experienced in the court process if it comes to that.

Our work in this area is extremely varied;  If you have an issue with trespassers on your land or damage to your property or you’re locked in a row over boundaries, we can assist. If you’re a landlord or tenant arguing over rent reviews, service charges or perhaps terminal dilapidations at the end of a lease, our advice covers that too. We can also help you if you’re a tenant who wants to renew their lease under the 1954 Act or a landlord trying to resist such a renewal.

We can’t list everything we do so call Sean Fitzgerald if you have a property litigation issue as he’s sure to be able to help.

Mediation

As accredited mediators, we understand all the mediation routes so whether we're advising directors, partners or employees, we're able to assess both parties' positions with a level of fairness and accuracy. We also have extensive experience of designing and implementing in-house mediation in addition to undertaking the mediations ourselves.

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Intellectual property

Our intellectual property team provides a full range of legal services relating to the protection, management, exploitation and enforcement of intellectual property rights. Our lawyers have decades of experience of intellectual property law and are at the forefront of the latest developments in the field through membership of leading intellectual property organisations.

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Contractual Disputes

Contractual Disputes vary greatly. Examples include straightforward, relatively low-value debt claims to highly complex disputes arising out of all types of commercial transactions: sale of goods, supply of services, franchising, distribution and agency agreements, factoring and invoice discounting, insurance, security and guarantee agreements, sale of shares. What they all have in common is the fact that they are based on prior agreements between parties and these are subject principally to a host of common law rules which date back, in some cases, centuries.

These can be a minefield to negotiate, but we would be pleased to bring our extensive experience to bear in interpreting and enforcing problematic contractual provisions for you.

Injunctions

Sometimes, the nature of a legal dispute requires a remedy against another person as a matter of urgency. For example, a former employee may be soliciting your clients or customers for the benefit of his new employer. A competing business may have obtained sensitive commercial information which is confidential to your business, and intends to use it to its own advantage. A former spouse may be tweeting or publishing on social media embarrassing information of a personal nature about you.

In all these cases, speed is of the essence, as the damage must be contained before it becomes irreversible. Waiting for the Court to try the case in twelve months time may not be an option as the delay will render the remedy useless. In such circumstances, the Court may grant an interim injunction to prevent any wrongdoing on a provisional basis.

If you are in a situation that requires urgent action don’t delay in calling us, delay in bringing an application for an interim injunction may be a factor that counts against the application being granted.

International

Pursuing a claim with a foreign element can involve a bewildering array of considerations, from the location of the parties and of any property relevant to the dispute. Which country’s court has jurisdiction? Which country’s law should determine the claim? How will a judgment entered here be enforced abroad, and vice-versa? The rules vary from one county or region to another. The European Union brings a degree of uniformity, but not always clarity within Europe, but the rules relating to the other countries may be different.

Parties contemplating litigation with a foreign element need to consider which country will it be more cost-effective to bring a claim in, and which country’s law is potentially more advantageous.

We would be pleased to advise on these and any other related questions.

Defamation

Defamation means, usually the printed publication of statements about a person that detrimentally affect his or its reputation. Classically, claims in defamation were brought against newspapers and other forms of mainstream media.

The proliferation of social media has caused the reach of this area of law to be vastly increased and be significantly reformed, principally to restricting the possibility of bringing claims in matters which the law would regard as trivial (an assessment which affected parties may beg to differ on!), and liability for inadvertent publication, e.g. by internet service providers.

Specialist advice should always be sort when entering into a dispute in this little understood field of law.

Online Disputes

The internet presents challenges for those wanting to ensure that their reputation is not unfairly criticised by third parties. When people are able so easily to hide themselves behind anonymous usernames or accounts online, taking effective action to remove defamatory comments or posts is technical and time-consuming.

Our expertise in this area means that we can advise on the best steps to take with regards to removing online defamatory statements made against you by a third party, if necessary contacting website operators to protect and enforce your rights.

Who we are

If you can't find what you're looking for or would like to talk to us in more detail, please contact Damon Watt or another member of the team, We'd love to hear from you!

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