Our Litigation Department provides advice and assistance to a wide range of commercial clients, on issues as diverse as:
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ADR and Mediation
We always consider all of the options first. We are experienced negotiators and have arranged and hosted mediation and settlement meetings in a wide variety of cases. We will work with you and all other parties to identify and achieve your objectives in the way that most benefits your business.
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Building Dispute Resolution
Pro-active and value-driven advice and representation in all areas of building and engineering dispute including:
- Interpretation of Construction Contracts
- Rights and Remedies, even where no written contract exists
- Litigation: Extensive experience of the pre-action protocol for construction and engineering disputes and the Technology and Construction Court
- Adjudication
- Arbitration
- Mediation
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Business Ownership Disputes
Sensitive and astute advice is needed in situations where business owners and managers are in dispute. We advise in situations involving:
- Family Businesses
- Professional Partnerships
- Retail Businesses
- Manufacturing Businesses
- Property Owning Partnerships
- Partnerships With No Partnership Agreement
- LLP’s, Limited Companies and Overseas Companies
- Partnership / Directors’ Retirement
- Rights and Duties of Partners, Directors and Shareholders
- Misconduct and Breach of Trust
- Exit Agreements
- Protecting Business Continuity
- Reputation and Goodwill
- Restrictive Covenants
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Business Regulation
We have advised and represented clients in a wide range of business regulation issues involving the following:
- Alcohol and Gambling Licensing
- Environmental Protection
- Health and Safety
- Professional Regulations
- Planning: Development / Use
- Revenue and Customs
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Consumer Contracts / Sale of Goods
We can advise you in all business-related issues concerning consumer rights including:
- Sale of Goods and Supply of Services
- Trading Standards
- Fraud Protection and Recovery
- Advertising
- Product Liability
- Return of Goods / Cancellation of Contract
- Consumer Credit
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Contractual and Commercial Disputes
Practical, business-sensitive and costs-aware advice about all contractual and commercial issues including:
- Early Evaluation: Choices and Consequences
- Impact of Insolvency (actual or potential)
- Sale of Goods
- Supply of Services
- Finance Agreements
- Guarantees and Indemnities
- Business Sale / Purchases
- Joint Ventures / Franchise
- Shareholder Agreements
- Distribution / Supply Agreements
- Confidentiality / Breach of Trust
- Defamation
- Product Liability
- Early resolution options in all situations
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Debt Recovery
We offer a tailor-made fixed fee package to provide certainty of costs based upon results. Our services are professional, ethical and we work with debtors to achieve the best possible results for our clients.
The main features are:
- Professional and Ethical Letters before Action
- We accept and deal with all communications from Debtors
- Clear and Prompt Legal Action
- Enforcement
- Insolvency Options
- Debt Recovery Abroad
- Progress Reports
- Recovery of Costs, Fees and Interest wherever possible
- Avoiding Bad Debt
- Creditors’ Options in Insolvency
- Defended Claims Service (see High Court and County Court Litigation and ADR and Mediation links for details)
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High and County Court Litigation
We are familiar with pre-action and litigation procedures involving:
- Costs / Benefit Analysis from the outset and review throughout
- Negotiation and Alternative Dispute Resolution
- Small Claims
- Summary Judgment and Early Disposal Techniques
- Injunctions
- Trial Preparation and Representation
- Costs Recovery
- Enforcement of Judgments
- Conduct of Proceedings in all Courts including –
- High Court
- Commercial Court
- Companies Court
- Technology and Construction Court
- Lands Tribunal
- Appeal Courts
- Foreign Proceedings and Jurisdiction Challenges
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Insolvency and Business Recovery
We have positive connections with insolvency practitioners and office holders which enable us to provide comprehensive support in the following areas:
- Insolvency Options for Unpaid Debt
- Impact of Insolvency upon Landlords and Business Partners / Commercial Partners
- Winding up of Companies and Bankruptcy of Individuals
- Voluntary Arrangements
- Administration of Companies and LLP’s
- Rights and Responsibilities of the Insolvency Trustee
- Creditors’ Rights and Options
- Options for Businesses and Individuals under Financial Stress, e.g.
- Voluntary Arrangements
- Debt Management Orders
- Negotiating with Creditors and Restructuring Debt
- Personal Guarantees/Security and Other Personal Liability
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Leases / Landlord and Tenant
Supporting our Property Teams we advise on all aspects of Commercial or Residential Landlord & Tenant issues including:
- Termination of Leases and Repossession
- Tenant Default
- Breach of Contract
- Distraint for Rent
- Third Party Rights and Liabilities
- Insolvency and Receivership
- Break Options / Early Termination
- Assignment
- Business Lease Renewal
- Rent Deposits
- Post-Termination Dilapidations and Other Claims
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Litigation Funding
We are open to discuss funding options and always look for the right solution to suit each client. We will consider fixed fee wherever possible, fee limits, deferred payments (including Conditional Fee Agreements and contingency fees) and insurance options.
We aim to ensure that the chances of recovery of costs from an opponent are maximised whenever that is possible and that our clients are aware of their potential liability for their own costs and for the costs of an opponent.
We recognise that costs and funding are critical issues in every case which we do not shy away from and we shall discuss with you openly from the outset and review whenever necessary.
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Professional Negligence
We are able to help clients who have suffered as a result of inadequate professional advice in the following respects:
- Incorrect Advice
- Failure to Advise
- Failure to Follow Instructions
- Misconduct
- Fraud
We have acted in situations involving:
- Solicitors
- Banks
- Financial Advisors
- Accountants
- Surveyors
- Engineers
- Professional Indemnity Insurers
- Statutory Compensation Schemes
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Property Disputes
We regularly advise clients about all aspects of property ownership and interest including:
- Purchase / Sale Disputes
- Enforcement of Mortgages and Legal Charges
- Shared Ownership Rights
- Boundaries and Easements
- Restrictive Covenants
- Shared Occupation (see Leases / Landlord & Tenant for more detail)
- Insurance
- Planning and Development
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Further information
A without obligation discussion about the services we can provide, please contact either Jon Wilby, head of the Department, John French or Laura Bolstridge or your regular contact at Band Hatton: