Dispute Resolution
Commercial companies are frequently involved in disputes, which may require mediation, litigation or arbitration as a means of dispute resolution. Individuals and companies may need to pursue claims arising from negligence, fraud or breach of contract or may be defendants in claims brought by others. We aim to be able to give our clients first class advice of their chances of success, identify the best way to achieve their objectives in a dispute and then devise and pursue an appropriate strategy.
Litigation
If the dispute involves the English judicial system, we will prepare claims or defences, and, in appropriate cases, instruct counsel to settle pleadings and appear as advocate on a client’s behalf, but always retaining full control over the proceedings and keeping the client advised of progress and developments. Most litigation does not end with a day in court, but is often settled, and settlement depends on properly assessing the strength of the client’s legal position but also aiming to improve it by careful strategy. If a trial is inevitable then the aim is to win. We will ensure that all necessary preparation is made for the client’s case to be presented in the best possible way.
We can also assist if a dispute arises in a different jurisdiction. We have extensive contacts with lawyers in different jurisdictions and will be able to locate and instruct suitable and competent local lawyers. We will formulate and supervise the conduct of the litigation to ensure successful resolution of a client’s dispute.
Mediation is becoming increasingly popular and can be a successful and less costly way of resolving disputes where there is some willingness on both sides to find a solution without the costs of litigation. Where mediation is a possibility, we will prepare the client’s case and arguments for mediation and advise on the possibilities of compromise and settlement.
Arbitration is frequently stipulated in international commercial contracts and will be conducted according to the rules of arbitration of specific organisations such as the ICC Paris, CCIG, the London International Court of Arbitration and others. We will prepare on a client’s behalf terms of reference, statements of claim or defence and other necessary documents and will take matters through to a full hearing, where settlement is not possible.
Whether mediation, litigation in England or abroad or arbitration, we aim to help clients to resolve their disputes in the most efficient and cost-effective way achieving the best result. Litigation and arbitration can be astonishingly expensive and can sometime be out of proportion to the value of a client’s claim. We are able to agree fixed fees with you for each stage of the proceedings.