Dispute Resolution and Commercial Litigation FAQs
What can we do for you?
Bad Debts
Bad debts are an inevitable problem especially in the current economic climate. No doubt you will have your own credit control procedures, but sometimes you get nowhere. Before you take Court action, you are required to try and resolve the matter. This will involve us sending a letter of claim in the first instance and sometimes receiving a Solicitors letter may be all that is needed to prompt payment.
If the debt is disputed and you cannot resolve that dispute, you may be left with no option but to issue
back to the top
Court Proceedings
Before issuing Court proceedings for either a disputed, or undisputed debt you need to consider whether the person or business that you are suing actually has the means to pay you. It is an important commercial consideration.
back to the top
Problems with suppliers
Manufacturers and supplies are obliged by law to provide goods which are of a satisfactory quality and meet other requirements of the Sale of Goods Act. Failure to do so is a breach of contract, but there are many other considerations which need to be taken into account, such as the nature of the breach and the terms and conditions of sale.
Hayton Winkley will advise you on your legal position and the best course of action to resolve the issue.
back to the top
Problems with contractors
The general rule is that contractors who provide a service must do so with reasonable care and skill and charge a reasonable price. Disputes with any contractors you engage can get complicated and we can assist you in trying to resolve the matter without going to Court. In some cases you may need to involve an independent expert to assess the problem. In all cases you should keep a detailed record of the problem, with photographic evidence where appropriate.
back to the top
Problems with professionals
All businesses will need to engage the assistance of professionals such as solicitors, accountants, architects etc and sometimes problems arise. These type of professional negligence claims can be very complicated; just because something has gone wrong, it does not necessarily mean that the professional was negligent. For that reason, it is important to get specialist advice and it is likely that independent expert evidence will be needed.
In some cases however, it may be more appropriate to make a complaint to the governing body or ombudsman for the profession concerned. Some of these authorities have power to resolve disputes by arbitration, or award compensation in appropriate circumstances.
back to the top
Landlord and Tenant
Hayton Winkley act for both landlords and tenants of both residential and commercial premises in a wide range of areas from recovering rent arrears and possession, to dealing with applications for new tenancies. The combined experience of our commercial and litigation department ensure that you will get the best possible advice and representation.
back to the top
Disputes with Financial Institutions and Utility Companies
We understand that sometime dealing with Utility Companies or Financial Institutions can be extremely frustrating. Passing the matter over to us may help to get the matter resolved. If not, we can advise on the merits of taking the matter to Court.
We will also consider whether as an alternative you can make a formal complaint or claim through the correct regulatory authority/ombudsman that will usually provide method for dispute resolution.
back to the top
What happens if I can’t resolve the issue and I have to go to Court?
Going to Court should always be seen as a last resort, but sometimes it cannot be avoided. We will advise you on the merits of proceeding with the case, or defending the case if proceedings have been issued against your business.
It is however important to note that disputed claims with a value of less than £5,000 are allocated to what is known as the Small Claims Track. This means that if you win your case, you will not be able to recover the costs of having a Solicitor representing, but if you lose you will not be liable to pay the other side’s Solicitor’s costs. For this reason it can be uneconomic to engage a Solicitor to represent you in Small Claims. We will consider the circumstances of your particular case and advise on the best course of action for you.
If your claim is not disputed, you should be able to get a County Court Judgment fairly easily. You should however bear in mind that this does not automatically mean that you will get paid. If you have sued a private individual who cannot afford to pay you, you may only get paid in instalments. Or you might have to try one of the methods of enforcement provided by the Court. Sometimes, it can prove impossible to recover the money due under the Judgment. We can advise you further.
back to the top