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For Businesses

Commercial Litigation Solicitors

Our commercial litigation solicitors at Kingsfords have significant expertise in supporting businesses to settle a wide variety of disputes. Our legal team’s experience includes many years of advising on, negotiating and settling claims, as well as bringing and defending court cases.

Importantly, we inform you if we believe that you are unlikely to succeed in your case, or if it would not be cost-effective to continue with it, and we advise as to how best to resolve the matter.

At Kingsfords, we understand how much disruption commercial disputes can cause, with the potential to result in both excessive downtime and financial implications. To avoid such setbacks and move forward swiftly, our specialists can provide clear and practical guidance.

We can provide support with all different types of commercial litigation and commercial disputes, these include:

Speak to our commercial litigation solicitors in Kent today

Speak to one of our commercial litigation solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545.

Alternatively, please fill in our enquiry form on the right hand side of the page to request a call back.

How we resolve commercial disputes

Early advice on your dispute

Often, it isn’t clear what your legal position is when a dispute arises. Our team can swiftly assess the situation, including any relevant contracts and agreements. We can then make sure you fully understand your position, including your rights and any potential areas of risk.

Arbitration and mediation

Where possible, our solicitors try to help you to avoid Court litigation proceedings, first attempting alternative dispute resolution, for example through arbitration or mediation.

Mediation is a process that supports the disputing parties to meet along with an unbiased and trained mediator, attempting to find a suitable solution for the dispute. Mediation can be particularly useful where the involved individuals would like to preserve their relationship.

Arbitration is another option for resolving a dispute out of Court, an impartial arbitrator is presented the circumstances and then proceeds to make a legally binding decision regarding the outcome of the dispute.

Arbitration is a more suitable option than mediation in situations where it is unlikely that the parties will be able to reach an agreement informally between themselves, and where it is unlikely that the professional relationship will be preserved.

Our expert company disputes solicitors in Kent can provide specialist support with whichever form of alternative dispute resolution clients require.

Commercial litigation

Where commercial disputes are complicated, and cannot be resolved out of Court, our solicitors can offer robust support and representation through litigation processes.

Our highly experienced company dispute solicitors have supported a diverse range of businesses through Court litigation. We will ensure your case is a strong as possible, with all necessary supporting evidence and robust representation.

How we can help with commercial litigation disputes

Director and shareholder disputes

Disputes between directors and shareholders are commonplace, and when these happen they have the potential to become complicated rather quickly. If you are involved in a shareholder dispute, it is crucial that you have the right kind of legal support early on.

Our expert company litigation solicitors have supported clients experiencing a range of different shareholder disputes. We appreciate that it’s important to resolve matters quickly to safeguard your business interests.

Company and partnership disputes

Disputes within a company, including disputes between partners, can occur under many different circumstances. Where these do arise, it can be hard to resolve matters without expert legal assistance.

Our specialist commercial litigation disputes solicitors can help clients with all manner of disagreements and issues, such as:

  • Disputes regarding the partners rights and or employment status
  • The involuntary or voluntary departure of partners from the partnership
  • Allegations of discrimination against a partner
  • Disputes regarding restrictive covenants

Landlord and tenant disputes 

Commercial landlord and tenant disputes can occur for a wide variety of reasons. Where these circumstances arise, this can cause a significant inconvenience and or financial implications for both parties.

Our solicitors can help with commercial landlord and tenant disputes including, but not limited to, the following:

  • Disputes concerning dilapidations
  • Disputes regarding lease renewal
  • Issues about breach of covenants
  • Rent review or rent arrears disagreements

Professional negligence

When a professional is carrying out their role, whether a financial advisor, accountant, or another professional, that individual owes a duty of care to their clients. Where it is alleged that a professional has not upheld that duty of care leading to a loss for their client, there may be the basis of a professional negligence claim.

Whether you have been accused of professional negligence, and need support defending yourself, or you are a client looking to raise a claim against a professional, we can offer robust legal support.

Breach of contract claims

Breach of contract claims can cause a huge amount of upheaval for a company, which is why it’s advisable to get legal support as soon as possible. Early legal intervention is the best way to ensure that matters do not escalate, which can have an ongoing negative impact on your business. 

Our business litigation solicitors have plenty of experience in supporting clients with different types of contract breaches. We’ll begin by reviewing the contract in place, and the terms involved, along with your particular circumstances. With a detailed understanding of your situation and needs, we can help you to resolve matters as smoothly and swiftly as possible.

Claims against company directors

Where a company is in financial trouble, directors have a responsibility to act with creditors’ interests in mind. Failing to do so can mean that directors may be held financially responsible if the company is eventually made insolvent.

There are various claims which might be raised against a director, for example, fraudulent and wrongful trading, breach of duty claims, or personal guarantee claims. Whether you are a director defending a claim against you, or you would like to raise a claim against a company director, we can offer robust legal support.

Insolvency

Where a business cannot pay their debts, that business is at risk of insolvency. If a creditor decides to issue insolvency proceedings against you, your company may go through administration processes, enter into a Company Voluntary Arrangement (CVA), or liquidation. The insolvency process will depend on the circumstances, but in any case, you will require expert legal support.

We can assist businesses who have had insolvency processes against them, or help creditors who are pursuing insolvency proceedings against a business in order to recover debts. If you require more information, please get in touch with our litigation solicitors, who can answer any questions you may have about the process.

Debt recovery

When you’re running a company, it is essential that you keep on top of outstanding invoices and any other debts you are owed. This helps to avoid cash-flow problems and an adverse impact on your operations. Where you are having issues with debt collection, our debt recovery lawyers can support you.

Alternatively, if your creditors have issued debt recovery processes against you, and you need help, or wish to dispute a debt, we can assist.

Our company dispute solicitors can provide support throughout all stages of debt recovery processes, to include:

  • Letter Before Action – Where the debtor receives a letter from the creditors’ solicitor, requesting payment, usually within a specific timeframe, and declaring that legal action will commence if the debt is not repaid.
  • Court proceedings – Where the debt remains unpaid, the creditor may decide to issue Court proceedings.
  • Disputed debts – If the debtor disputes the debt, both parties may attempt to resolve matters using alternative dispute resolution methods, for instance, mediation or arbitration.
  • County Court Judgement (CCJ) – If a debt is not paid, then the creditor may be able to apply for a CCJ against the debtor. This means that the creditor has the legal right to take enforcement action and the CCJ will be recorded on the debtor’s credit file.
  • Debt enforcement – Where the creditor pursues enforcement action against the debtor, for instance through a County Court Bailiff, a third-party debt order, attachment of earnings, winding up procedure, or another enforcement option.

Defamation

Defamation law is intended to safeguard companies and individuals from having their reputation damaged by defamatory and untrue statements.

For such an incident to be considered defamation, the statement must have been broadcast or published and be about a product, person, or company. Additionally, it must be proven that the information was exaggerated, untrue in some way, deliberately reported as to mislead people, or would damage the reputation of a company or person.

If you believe that you are a victim of defamation, or you have been accused of defaming a business or individual, please contact our experts for support.

Data protection and privacy law

Any businesses or individuals who collect and handle personal data must comply with data protection and privacy law.

Data processing is heavily regulated by GDPR law. Those who do not comply risk fines and other penalties. If you are faced with a legal situation or dispute concerning data protection and or privacy law and you need assistance to resolve this, our specialists can provide all the guidance you require.

Speak to our commercial litigation solicitors in Kent today

Speak to one of our commercial litigation solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545.

Alternatively, please fill in our enquiry form on the right hand side of the page to request a call back.

  • Daniel Crook
      • Daniel Crook
      • Co-Managing Director, Head of Litigation and Solicitor
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  • Thomas Browne
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  • Leigh Prebble-Benn
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  • Taya Thorogood
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  • Graeme Weir
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