For businesses · Commercial dispute resolution
Disputes managed as a business decision
A dispute costs management time as well as money. We help you assess it early, protect your position and choose the route that makes commercial sense.
Overview
Businesses fall into dispute for ordinary reasons: an invoice goes unpaid, a supplier doesn’t deliver, a contract is interpreted differently, or co-owners stop seeing eye to eye. The right response depends on the money at stake, the relationship, the evidence and what you need to achieve.
We start with an honest assessment of strengths, weaknesses and likely costs. The pre-action protocols and court rules expect parties to exchange information and consider settlement before issuing proceedings, and courts can reflect unreasonable conduct in costs orders. Used well, that stage often produces a resolution. Our article on resolving a business dispute without going to court covers the options.
Where proceedings are the right step, we prepare them carefully and keep costs under review, so you can make informed decisions throughout. Our aim is a result that makes sense for the business, not a fight for its own sake.
When you might need us
- A customer owes you money and hasn’t responded to reminders
- A supplier or contractor hasn’t performed and it is costing you money
- You disagree with a counterparty about what a contract means
- There is a breakdown in relations between shareholders or partners
- You have received a letter before claim or court proceedings
- You believe a professional adviser’s work has caused your business a loss
What we cover
Contract disputes
We advise on breach of contract, termination rights and remedies, and on the practical route to resolving the disagreement.
Debt recovery
We pursue unpaid invoices through letters, negotiation and, where appropriate, court proceedings and enforcement.
Shareholder and partnership disputes
We advise on rights under the articles, shareholders’ agreements and partnership documents, and look for an exit or settlement that protects value.
Professional negligence
Where advice or services from a professional have caused loss, we assess whether a claim may be available and how it would proceed.
Mediation and settlement
We prepare and represent you at mediation and in settlement negotiations, including making and responding to formal offers.
Court proceedings
If a claim is issued, we manage it through the court process and keep strategy and costs under regular review.
How we approach it
Assess early and honestly
We review the contract, correspondence and evidence and give you a frank view on merits, risks and likely cost.
Protect your position
We make sure documents are preserved, deadlines are identified and correspondence is handled so it helps rather than harms your case.
Pursue settlement
We follow the pre-action steps and explore negotiation or mediation at the points where settlement is most achievable.
Litigate where it pays
Where court is the right option, we run the claim efficiently and revisit the cost-benefit balance as it develops.
What you can expect from us
- A clear assessment of merits and costs at the outset
- A named lawyer running your matter
- Regular reviews of strategy and budget
- Advice framed around commercial outcomes
- Straight answers about risk
Who you will work with
Related insights
Questions clients often ask
Do we have to try mediation before going to court?
Mediation isn’t always compulsory, but courts expect parties to consider alternative dispute resolution, and they can take an unreasonable refusal into account when deciding costs. Courts can also order parties to engage in it. In many commercial disputes, mediation is a practical way to reach a settlement.
What are the pre-action protocols?
They are court rules setting out the steps parties are expected to take before issuing proceedings, such as setting out the claim in a letter, responding within a reasonable time and exchanging key documents. Their purpose is to help parties understand each other’s positions and encourage settlement.
Who pays the legal costs?
In many court cases the losing party is ordered to pay a proportion of the winning party’s costs, but rarely all of them. The court has wide discretion, and conduct and settlement offers can affect the outcome. We will explain the costs risks as your matter progresses.
What is a Part 36 offer?
It is a formal settlement offer made under the Civil Procedure Rules. If an offer is refused and the other party fails to do better at trial, there can be significant costs and interest consequences. Making and responding to these offers is an important part of strategy.
This page is general information about commercial disputes in England and Wales, not legal advice, and the right approach will depend on your business’s individual circumstances. Harton & Vale Legal is a fictional firm created as a design concept, so nothing here is legal advice. About this concept.
Make an enquiry
Talk to us about commercial dispute resolution.
Tell us briefly what has happened and what you would like to achieve. There is no obligation, and we will be straightforward about whether we are the right people to help.
We read your enquiry
A member of the relevant team reviews it, usually within one working day.
A short, no-obligation call
We ask a few questions, explain how we could help and outline the likely next steps.
Clear terms before any work
If you would like to go ahead, we confirm the scope, who will handle it and the costs in writing.