Resolve Your Business Disputes Quickly

Business disputes can be complex and costly, especially if the parties involved have juxtaposing views.

Attwells Solicitors regards litigation as a last resort recommending mediation where possible. However, if legal action is unavoidable we will advance you through the legal process and offer you practical steps to resolve your dispute.

Below is a list of service we offer:

Business Disputes

Essentially every business enters into contracts regardless of whether you are a sole trader, SME or Large Enterprise. These contracts can involve purchases and services provided or acquired. They could also be shareholder, business or director agreements.

If the terms of the agreement are not fulfilled you may have good cause to take legal action. A good cause maybe an outstanding payment or a lack of service after a payment or deposit has been made. Likewise, you may find yourself having to defend you position or service. Resolving your commercial dispute quickly and effectively will reduce any damage to your company.

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How can I resolve my business dispute without going to court?

As mentioned above Attwells will always attempt mediation first. Mediation is highly successful. An experienced mediator can find a beneficial solution for both parties. This allows both sides to come together and discuss the issue with an impartial third party. As commercial solicitors we will always act in the best interest of our client and therefore we would invite the other party to also seek legal advice. Our disputes specialist Edward Powell can arrange mediation for you prior to a case review.

What happens if my commercial dispute has to go to court?

If mediation fails Attwells Solicitors will advise you of the best next step, this may include court action. If you go to court you will incur court fees and will require legal representation. Our litigation team will put together the best possible case for you and will include minutes from the mediation attempt. Attending mediation first will prove intent to resolve the dispute amicably.

How much will it cost?

Where possible we agree fixed fees, "no win–no fee" agreements and even reduced hourly rates. Attwells Solicitors have particular expertise in relation to construction disputes, licensing, injunctions, professional negligence, contractual disputes, employment and property disputes.

Business Dispute: Case Assessment & Letter of Advice

Price: £350.00 plus VAT

What is included in the price:

  • Initial telephone conversation
  • Review of documentation in advance of drafting letter of advice (subject to reasonable number of documents)
  • Letter of advice setting the the legal position, our advice and an assessment of prospects of success for any potential claims
  • Answering any brief questions subsequent to letter of advice

What is excluded from the price:

  • Meeting at your local office with a lawyer (can be arranged at additional cost)
  • This service is subject to a fair user policy and will not, for example, be available in the context of complex litigation cases. We will notify you if you matter is not suitable for this service as soon the position becomes apparent and no charges will be rendered. We will recommend alternative pricing structures and services as appropriate.
  • Legal advice outside of the service requested

Disbursements:

Copy documents will be obtained as necessary at cost price from the land registry.

How long will it take?

The letter of advice will be produced within 10 working days from the date of instruction.

When will I pay?

Attwells Solicitors will ask you for money on account in advance of the reviewing your documents and drafting the advice letter so that work can get underway on your matter immediately.

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Shareholder Disputes

Shareholder disputes can arise in a number of ways and for many reasons. Fall outs between directors, management or shareholders can be costly if not resolved quickly and effectively.

Most of the time disputes occur due to work ethic, division of labour or people leaving the business. Personal issues can also play a factor or be a concern.

Business disputes can often escalate if early advice is not received. Understanding your legal position can help you to clarify your rights and present options on how to proceed. Our disputes expert Edward Powell would always recommend an initial case review. Your solicitors should always have definitive understanding of everyone involved and their points of view.

How to resolve a shareholder dispute?

  1.  Attwells would recommend checking your shareholder agreement and the constitutional documents as these offer an acknowledgement of the rules you have agreed upon. In all likelihood the shareholder agreement or articles will outline how to proceed when a dispute occurs or may offer guidance regarding the situation you find yourself in.  
     
  2. After which time you may benefit from holding a meeting to address the dispute. It would be wise for minutes to be taken. Every shareholder should be given an opportunity to speak and give their opinion. As with any dispute knowing and understanding the other persons point of view, even if you don’t agree with it will greatly help to resolve the issue.
     
  3. For less complex disputes you may be able to resolve it with a simple vote after every shareholder has been heard. This would work on a majority basis.

If the dispute cannot be resolved without legal support Edward Powell would be happy to meet with you at our Colchester, Ipswich or London office. Bringing with you a copy of your shareholder agreement and any constitutional documents would save time. This would also allow Edward to create a timeline of events and offer you the best possible advice.

An Initial meeting or case review with a letter of advice costs £350 plus VAT.

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Partnership Disputes

Partnership disputes can arise for a number of reasons and be complex. Disputes within partnerships or LLP’s will require a specialist legal service which Attwells can provide.   

Most of the time disputes occur due to work ethic, division of labour or people leaving the partnership. Personal issues can also be of concern especially when professionalism is key to the success of your partnership or LLP.

Partnership disputes can often escalate. Understanding your legal position can help you to clarify your partner and member rights. Our disputes expert Edward Powell would always recommend an initial case review. Your solicitors should always have definitive understanding of everyone involved and their points of view.

Edward can provide legal advice on dissolving partnerships or terminating, address disputes concerning ownership of property and assets, as well as governance and insolvency issues. Although we regard litigation as a last resort, we will advance you through the legal process and offer you practical steps to resolve your dispute if legal action is unavoidable.

Attwells will always recommend mediation first. Mediation is highly successful. An experienced mediator can find a beneficial solution for all parties. This allows all members to come together and discuss the issue with an impartial third party. Our disputes specialist Edward Powell can arrange mediation for you prior to a case review.

Edward would be happy to meet with you at our Colchester, Ipswich or London office.

Attwells Solicitors can offer you partnership disputes advice regarding:

  • Dissolution and termination of partnerships
  • Governance
  • Insolvency issues
  • Partition and division of partnership assets
  • Partition and division of partnership property
  • Tax advice

An Initial meeting or case review with a letter of advice costs £550 plus VAT. 

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Breach of Contract

A breach of contract is when a binding agreement or promise is not honoured by one or more of the parties.

Breach of contract disputes can arise for a number of reasons and be complex. Most of the time a breach of contract occurs due to over promising and/or under delivering.

What is a contract

A contract is a legally binding agreement between two or more people over the age of eighteen years. A contract consists of an offer being made, a period of consideration and an acceptance of the offer. This can be set out in writing or it can be verbally or lawfully implied.

Contracts are particularly useful for a costly service or product, as it ensures an agreed level of service or an expectation of the product. Depending on the type of contract and financial implications you may wish to seek legal advice before signing.

What is considered a breach of contract?

A breach of contract arises when the service or product fails to meet or mirror the promises set out in the contract. This includes breaking the terms and conditions of the contract or beaching the Supply of Goods and Services Act 1982.

Can I issue court proceeding breach of contract? 

Yes, however issuing court proceeding is not always the best cause of action. Attwells will always recommend you try to reach a win- win compromise first. If this approach does not work our disputes expert Edward Powell will be happy to assist you. Attwells offer a free initial chat, during this time we will ask you for a brief outline of your complaint.

Before attending your first appointment with Edward we’d also recommend you bring the following:

  • A copy of your contract, if written
  • Any emails, text messages or letters received concerning the matter
  • Proof or evidence of any money lost, such as loss of earnings or a deposit paid

Having these documents will save you time and money. 

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