commercial-litigation

Commercial Litigation Solicitors In Manchester

Here at Prosperity Law LLP, we have commercial litigation solicitors in Manchester and Liverpool who take the time to understand our clients’ business first before providing proactive, tailored legal advice.

Our clients know that we will use our experience and commercial and legal acumen to achieve a speedy and cost effective resolution to the dispute wherever possible. To achieve this, we engage in proactive dispute resolution techniques.

Sometimes decisive action is required and immediate court action is the only available avenue. In such circumstances, our Manchester Commercial Litigation Solicitors advise our clients of the consequences of taking such action including the potential costs and when instructed vigorously litigate the dispute to achieve the desired result.

We are committed to helping your business grow, and by applying the law from a commercial perspective you can be confident that our litigation solicitors Manchester will achieve the most cost-effective result.

Prosperity Law LLP Commercial Litigation Services

Contract Disputes

When businesses enter into contractual agreements, it is difficult to predict every eventuality and so it is not uncommon for commercial disputes to arise. Whether it is an agency agreement, distribution agreement, payment obligations, delivery or hiring goods, Prosperity Commercial Litigation Solicitors Manchester have the expertise to deal with your case effectively. We aim to guide you through all the legal and commercial alternatives available to your business.

Partnership Disputes

Any disagreement between partners is highly sensitive and can affect the reputation of the company and the individuals who are involved. It is therefore vital to seek legal advice from a Manchester litigation solicitor. Prosperity Law LLP are able to deal with these types of situations effectively by providing a pro-active solution in a sensitive manner. We also recognise the fact that no commercial litigation case is the same as another, so our tailored service is the best approach to take to find a dispute resolution.

Shareholder and Corporate Disputes

The key to dealing with a commercial litigation dispute of this nature is to ensure it does not disrupt the day to day running of the business. Our Manchester Litigation Solicitors get to know the business first and advise accordingly on whether the best course of action is mediation, arbitration or litigation and this is all performed in a sensitive manner.

Here at Prosperity Law LLP we believe that once we have reached a solution in your commercial litigation case, that the final step we should take is to advise on how to prevent against any similar disputes in the future.

Get in touch with Prosperity Law on 0161 667 3697 for more information or fill out our contact form.

Commercial litigation is an exceptionally broad legal term that, simply put, relates to any possible dispute that may arise within a business or commercial environment. With such a huge variety of possible incidents and resulting claims falling under this umbrella, what can businesses do to get to grips with this area of the law and ensure that they have sufficient legal representation to assist and advise them regarding its finer points, should they require it? Luckily, legal specialists Prosperity Law have crafted this useful guide to the world of commercial litigation in order to assist business owners and their partners or employees in the understanding of all specifics involved, and to ensure that they are able to find suitable representation in the case of any legal issues relating to commercial litigation that they may find themselves up against.

 

What is Commercial Litigation?

The field of commercial litigation tends to fall into one of three categories:

       1.Contract Disputes

When writing up a contract, business owners work to cover all bases and acknowledge any feasible eventuality when specifying individual rights, responsibilities and duties surrounding a particular job, position or project. Of course, as such a wide range of possibilities exists within all areas of business, it is understandable that oversights and misinterpretations within contractual agreements occur fairly regularly. At such times, all parties covered by the contract in question must work toward an amendment that is as beneficial and fair as possible. This can often prove more difficult than it sounds, particularly if the contracted work or partnership has already begun. In cases where there is a contract dispute that cannot be resolved informally, contacting a commercial litigation solicitor is always the best approach. Whether the contract covers an agency agreement, a distribution agreement, a set of payment obligations, or an arrangement surrounding the delivery or hiring of goods, positive resolutions can be found.

      2. Partnership Disputes

If, as with many businesses, the effective cooperation of a partnership is vital for the successful running of your company or brand, then it is exceptionally important that you are prepared for the possibility of a partnership dispute. Experienced specialists who are heavily invested in the future of your business are highly likely to struggle with contrasting views and priorities on occasion and – particularly if they are partners with equal shares and responsibilities – this can cause awkward stalemates, with production grinding to a halt until the dispute is solved. So, what can be done to untangle this issue? A talented commercial litigation lawyer will be capable of sensitively and intelligently working with all parties towards a positive resolution, whatever the nature of the business and the matters causing any kind of schism.

    3. Shareholder and Corporate Disputes

Directors and shareholders are an absolutely integral part of the management structure of a business, and disputes between them can have a huge impact on the company’s future direction and success. Therefore, it is imperative that relationships between groups of shareholders and amongst the board of directors continue in a positive light as far as is possible. Naturally, however, groups of talented, high-powered individuals working together will not always share the same opinions and ambitions, and, while many disagreements can be settled after constructive discussion, there are times when matters may become too sensitive or complex. Of course, there are many tricky scenarios that could arise from a major lack of consensus, including the possible eventuality in which one or more shareholders find that they now desire to leave the company but the rest find themselves financially unable to buy out the released shares. However convoluted or difficult matters may become, though, a commercial litigation specialist exists who will have experienced numerous similar situations and will be able to offer extremely valuable assistance and advice.

 

Considerations before starting litigation

If you’re thinking about taking the first steps towards litigating, preparation is everything. While it is very tempting to try and get an unpleasant situation “out of the way” as quickly as possible, rushing into matters may leave you exposed to losing your case or finding yourself in a position where your claim, while technically successful, is unenforceable. Therefore, it is highly recommended that you make your individual position as strong as possible before you begin. Here are a few steps you should take before obtaining legal assistance:

  • Consult all contracts and other documents that could be considered legally binding

Explore all texts connected to the relationship between your business and the potential defendant. Work to uncover any use of language that could be misinterpreted or considered ambiguous. If a contract has been changed, ensure that you find a copy of the correspondence you sent to the potential defendant notifying them of this.

  • Retain paperwork

As soon as you begin to consider litigation, the onus is on you to collect evidence that will support your claim. In order to give yourself as much material as possible, and to protect yourself legally, you should seriously consider instructing the employees and management of your company to halt in the destruction of documentation, whether said destruction be by the shredding of papers or the deletion of electronic files. If invoices are processed and then disposed of, and you’re fighting a case against a contractor that is charging in full but not meeting their quota, for example, you may lose vital examples of the ongoing problem. Make sure you also make a diary of relevant interactions with the potential defendant dating as far back as possible, being sure to include times, dates and direct transcripts or original copies of letters and emails, and try not to allow new generally accessible documents to be created that might harm or expose your position within the case.

  • Freezing orders

You may swiftly need to ensure that you can prevent certain actions from taking place while legal procedures are ongoing. Therefore, it would be an intelligent move to apply to the court for a “freezing order”, which might prevent the potential defendant from destroying or removing evidence, or relocating to a different area of jurisdiction in the interim to avoid charges.

  • Potential outcomes

It’s vital to think about limitation periods. There is no point in moving ahead with a case if the relevant time to apply for legal action has lapsed. Commonly, you must bring a claim before court within six years of the first dispute arising, or all information is legally void and the case cannot move forward. If you find yourself comfortably within this period, you then need to consider how likely it is that your litigation will be successful to the degree that you desire? Not only do you need to think about the strength of your own case, but you will also need to consider the defendant’s ability to pay the damages you are requesting. If they have insufficient assets or insurance, it may be that no court will be able to enforce a claim you have successfully made.

 

How we can help with Commercial Litigation

 If you need to contact a commercial litigation specialist, simply get in touch with Prosperity Law today on 0161 667 3697 for more information about how they can assist you, from the first steps to final advice regarding how to prevent similar issues in the future.