Commercial & Civil Litigation

A City Law Firm’s dispute resolution team deal with a variety of disputes on a daily basis, and the following are just an example:

Claims for money or property:

We can commence (or defend) a claim on your behalf for monies rightly owed to you or to handle any property disputes. Examples of types of cases are: 

1. Debt collection for payments of unpaid invoices and contract sums;

2. Realising shares in your jointly owned properties;

3. Accounting for profits due to trademark infringement;

4. Claiming damages for personal or business losses due to contract dispute;

5. Obtaining restitution, eg. return of a deposit or loan payment; and

6. Landlord and Tenant disputes, service charge disputes, nuisance or injunctions.

Our property dispute solicitors are  fully versed in these areas.

All the Dispute Resolution team here are fully conversant with the nuances of the Civil Procedure Rules and will use this system to your very best advantage.

Contract/Consumer claims:

Our business litigation lawyers can assist in a wide variety of matters including:

Breach of contract claims for example:

1. The Sale of Goods Act 1979;

2. Correcting unfair contract terms using the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contract Regulations 1999;

3. Actions for faulty goods and services under the Supply of Goods & Services Act 1982. If you have bought goods over the telephone, internet or otherwise, you may also benefit from consumer-protection rules contained in the Consumer Protection (Distance Selling Regulations) 2000;

Our business litigation lawyers can also manage claims for:

4. Duress, misrepresentation or breach of confidentiality, depending on your circumstances; and

5. Shareholder and Partnership disputes and Directors fiduciary duties.

Negligence actions

Under the common law many individuals owe a ‘duty of care’ to others and breach of this duty of care can give rise to a claim in negligence. Including claims for damages for financial loss stemming from someone else’s action or inaction, or claims stemming from the breach of a professional duty of care, for example of another solicitor’s poor work, mechanic, engineer and more (professional negligence claims).

Professional negligence lawyers can assist both those who are bringing negligence claims against professionals (claimants) and the professionals responding to these claims (respondents/defendants). Some law firms have solicitors who act for only one side but we have experience acting for both claimants and defendants giving you all round experience.

Professional negligence lawyers – claimant

Our litigation lawyers specialising in representing claimants in professional negligence actions can assist with:

  1. Assessing the strengths and weaknesses of your case;
  2. Initiating proceedings against the respondent, issuing the claim form and particulars of claim at court and serving  these on the respondent;
  3. Negotiating a settlement with the respondent’s solicitors, using alternative dispute resolution options, and making  offers to settle (both ‘without prejudice’ and ‘Part 36’ offers);
  4. Preparing the evidence, witness statements and briefing counsel; and
  5. Advocacy and Representation at court.

Professional negligence lawyers – respondent

Our litigation lawyers will also defend such claims be it for a small sum of money in the county court or large sum at the High Court. If you are being sued for professional negligence, it is imperative that you contact us sooner rather than later. Our professional negligence lawyers will be able to draft the defence in response to the particulars of claim and will also be able to assist with settling the claim or going to court if necessary.

Defending claims

Sadly, some of our clients are on the receiving end of claims and need to protect their position as best they can. We can help either through mediation (or other forms of dispute resolution), negotiating a favourable outcome, setting aside claims and judgements or defending or making a counter-claim. Our Litigation Lawyers will be on hand to advise you about the alternative dispute resolution options available to you.

Throughout all of our lines of work, our litigation lawyers place high emphasis on proportionality and commerciality, for example, we will not advise you to commence or continue with a claim if it is not likely to either

a) recover more for you than you are likely to spend, or

b) save you more than we are likely to cost.

That way, we are always able to add real value to your instruction. Seeking legal advice at the early stages of a dispute really can help to save costs and can prevent the situation worsening any more than it needs to do.

Our litigation lawyers will always be happy to chat through a potential matter with you on the telephone first, especially if your matter does not appear to be covered above, so feel free to give us a call.