Commercial Dispute Resolution

Unfortunately disputes are an unwelcome part of the business world.

A simple misunderstanding can lead to valuable management time and resources been expended on court proceedings.

The challenge for Anthony Collins Solicitors LLP commercial dispute resolution team is to find the right solution for your business in the most expedient and cost effective way possible.

Our Approach

Understanding your business and commercial requirements is paramount is helping us to find the right approach to achieve your commercial objectives. At the start of any dispute we will work with on producing a clear strategy for achieving a resolution.

Formal court proceedings are just one way in which a dispute can be resolved. We work hard on find creative solutions to your dispute. Experience has shown that alternative forms of dispute resolution can often achieve a more satisfactory and cost effective solution than court proceedings. One form of alterative dispute resolution that we will encourage you to consider is Mediation

Disputes can be expensive therefore we will work with your to find the most cost effective way of funding your dispute. We offer competitive hourly rates and we will consider reducing you cost risks with appropriate insurance policies.

Our Experience

We have a dedicated team of 12 solicitors and support staff who between them can offer a full range of services to your business. The structure of our team means that the right level of fee earner will be allocated to work on your case. Our competitive hourly rates also allow our Partners to become involved in much more day-to-day client work, bringing with them a wealth of expertise and experience to resolve your dispute.

Our range of services

• Contract and commercial disputes
• Shareholder and Director disputes
• Partnership disputes
• Claims against professional advisors such as Solicitors, Accountants, Surveyors, Architects and Brokers. See Professional Negligence
• Property Disputes
• Insolvency and Bankruptcy
• Banking and Financial disputes
• IT and Technology Disputes
• Debt Recovery

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Property Disputes

A particular area of expertise within our department is resolution of property disputes including:

• acting for landlords or tenants in disputes connected with commercial leases,
• the renewal of business leases,
• the enforcement of restrictive covenants,
• disputes relating to sales and purchases of land.

For more information about disputes, please call Andrew Lancaster on +44 (0)121 212 7421 or email andrew.lancaster@anthonycollins.com or Nick Carter on +44 (0)121 212 7440 or email nick.carter@anthonycollins.com or Hilary Harrison on +44 (0)121 212 7440 or email hilary.harrison@anthonycollins.com

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Mediation

What is Mediation?
Mediation is a voluntary, non-binding, private dispute resolution process in which a neutral person (a mediator) assists the parties to reach a negotiated settlement.

A mediator does not have the power to make any judgment, decision or determination on the issues in dispute. Instead, the mediator’s role is to assist the parties in reaching an agreement between themselves as to how their dispute should be resolved. Successful mediation should result in a "win win" situation where both parties feel they have achieved a satisfactory result.

Why Mediate?
The majority of disputes are often settled shortly before the trial. However, by the time the dispute has reached this stage in proceedings significant legal costs will have been incurred by both parties. The Courts now consider that if cases are capable of being settled shortly before trial then they should equally be capable of settling at a relatively early stage in proceedings before significant legal costs have been incurred.

Since 6 April 2006 the Pre-Action Protocols which apply to disputes involving construction, defamation, personal injury, professional negligence, clinical negligence, housing disrepair and disease and illness have all been amended to include wording which requires the party to consider alternative forms of dispute resolution including mediation before proceedings are issued.

Even when legal proceedings are issued the Courts will enquire at an early stage whether the parties have considered alternative forms of dispute resolution including mediation. The Courts will expect parties to explain and justify why they consider that the dispute is not appropriate for alternative forms of dispute resolution such as mediation. The Court of Appeal in Halsey -v- Milton Keynes NHS Trust (2004) and more recently in Birchell -v- Broad (2005) has held that a party who has unreasonably refuses to mediate may not be awarded any costs even if they are successful at trial.

One of the main advantages of mediation is that parties are free to agree on creative or novel solutions to their disputes which a Court could not impose. As there are no winners and losers the parties can often preserve their working relationships which previously existed.

Our Experience and Expertise
Solicitors in the Commercial Dispute Resolution Team have represented clients in over 50 mediations. All of our staff are familiar with the process of mediation and regularly attend training courses to update themselves on the latest developments.

Andrew Lancaster the head of the Commercial Dispute Resolution Team is an accredited mediator with CEDR and is a member of the CEDR Solve panel of mediators.

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