Insights & advice

Frequently Asked Questions In Commercial Disputes

Commercial disputes can be draining financially and can have a negative impact on your business so it is in your best interests to try to resolve any dispute as quickly as possible.

However, it can be difficult to know what to do for the best in these circumstances and what options are open to you. These are some of the most common questions or queries that are asked of a solicitor by their clients.
• Why do I need a solicitor?
This is a common question and one which needs to be explained. A solicitor will use all of their experience in commercial disputes to your advantage and using this knowledge they will be able to advise you about the legal merit of the dispute you are involved in. They will provide you with different options about how to proceed and advise you of the potential costs involved.
• What do I do if someone threatens to take me to court as a result of a dispute?
You should take any letter or document threatening to sue you seriously and read it carefully as there will be a deadline for you to respond. If you miss this deadline, the other party will start proceedings against you in court, so if you want to avoid court proceedings, you should reply before the deadline.
You may be able to avoid going to court and attempt to resolve the dispute through other means, which would mean that you would pay less in legal fees and court costs. Your solicitor will be able to discuss this with you.
• Can I sue someone and how does it work?
You can sue someone over a commercial dispute as long as you have legal grounds to do so. Getting advice from a solicitor will mean that you are fully armed with the facts. You should advise the person you want to sue that you will be taking action and give them an opportunity to respond to you and resolve the dispute with you first. If they do not respond within the specified timeframe that you have requested you can then consider proceeding to take them to court.
• Are there any other options apart from court action?
You will probably want to consider other options first before deciding that court proceedings are the best way forward. You do have the option of Alternative Dispute Resolution open to you. This is made up of a number of different options such as mediation or arbitration and each option works slightly differently to the other. It may be worth exploring these options first, but both parties have to agree to the process. Even if you cannot bring your dispute to an end, you will still have the option to go to court and get the dispute resolved once and for all.
Commercial disputes are damaging, so you should do all you can to resolve them as soon as possible.
For more information about this article or any aspect of our disputes and litigation services, please call Chris Jolly on 01373 865577, or email and we will be delighted to help you (there is no charge for initial telephone discussions).

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Just a short note to once again express my sincere thanks to you, Sue and the M&U team, for all your help, cooperation and first class professional support. I am most grateful to you all.

Chris Stephenson, Warminster

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