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Commercial Litigation & Dispute Resolution

Prevention is better than cure, but unfortunately most businesses will at some point need to consider what to do when things go wrong – whether it’s a routine contractual matter or a major issue that may threaten a company’s future.

Our lawyers will represent you robustly if an issue demands litigation but it may be that mediation and alternative dispute resolution is the best option for you.

 

For any business, disputes are a distraction, so we know it is important to resolve matters speedily and thoroughly. Our experienced specialists will provide clear, pragmatic advice allowing you to decide the best way forward.

We also have an innovative approach to costs.  We understand that our business clients want clarity on fees, even in the typically complex field of commercial disputes.  So, we have created a fixed fee package that will give you access to the expertise you need to evaluate your dispute before deciding on your next steps.

You can be safe in the knowledge that with Napthens, you have the right team on your side.

Contact a member of our commercial litigation team today for advice including:

 

  • Litigation News
  • Litigation FAQs
  • Litigation Glossary

I am renting a commercial property and my tenant is defaulting on their rent payments. What can I do?
Firstly, consider whether you want to reclaim the property or just receive payment for the outstanding rent. Also bear in mind the means of your tenant to actually pay the outstanding arrears, as this may affect your strategy. The first thing to do is check your tenancy agreement, as this will help assess the options available, and it may be that your lease contains a forfeiture provision. Even if there is no forfeiture provision, there are various options - you may be able to issue proceedings against your tenant for payment of rent arrears or possession of your property, issue a statutory demand or pursue undertenants or guarantors for the debt.

I have an employee who is ‘bad mouthing’ the company, what can I do?
You may have grounds to discipline or dismiss if the employee is bringing the company into disrepute. You must carry out a thorough investigation as part of the disciplinary procedure in accordance with the ACAS Code to decide on the appropriate action. You may also consider whether the company could bring any other action against the employee in relation to defamation.

My business partner and I wish to go our separate ways. What are our options?
It very much depends on the type of business as to your specific options (eg are you a partnership, a limited liability partnership, a company etc). The first step is to check any shareholder or partnership agreements that may be in place, to see if these contain any procedures for partner exits. It may be possible to simply close or sell the business if there are no outstanding issues or unresolved disputes. If there are any issues (a disagreement over the assets of the business, for example) then the first step is to once again check any shareholder or partnership agreements, to see what dispute resolution clauses are contained within. It is also important to consider any personal guarantees or liabilities you may have in connection with the business (eg borrowings from the bank may be guaranteed by directors of a limited company or the partners in a partnership)

Someone has set up in direct competition using my company name and logo – what can I do?
Has your name or logo been registered as a trademark? If so, it is possible to take action to stop their infringement of your trademark. If not, your main option is to rely on the common law of action against ‘passing off’. This means that you would have to: Have the necessary good will in your name or logo Prove that there is a likelihood of confusion in the mind of the public between the two brands or company names and finally Prove that damage is being caused to your business by their use of your business name / logo. Proving ‘passing off’ is a complex process, and it is therefore much better to protect your brand with a trade mark application.

  • Andrew Holden
    Litigation
  • Chris Addison
    Commercial Property Litigation
  • David Bailey
    Commercial Property Litigation
  • Helen Clutterbuck
    Litigation
  • Nicola Turner
    Litigation
  • Robert Richards
    Litigation
  • Roshni Valibhai
    Litigation
  • Sian Spencer
    Litigation
  • Stephanie Kerr
    Litigation
  • Stephen Crossley
    Litigation
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