Commercial disputes are a drain on businesses. They take up valuable management time and can destroy relationships. They can also prove to be very expensive.
At JMW Solicitors we recognise the harsh realities of business disputes and we employ pro-active dispute resolution techniques to move you away from conflict and towards the commercial result you want. In all areas of disputes we are solution led. We have a depth of experience in resolving all types of commercial disputes:
Commercial Disputes
We are ready to advise you on a wide variety of problems that arise out of the business world:
- Breach of Contract
- Breach of Warranty
- Negligence of all types of professional advisers
- Applications for Injunctions, including Search and Seizure and Freezing Orders
- Debt collection
Commercial judgement and flexibility of approach is important in such disputes. After a realistic and frank review of your position, we will provide you with down to earth and creative advice, which may be to recommend immediate and vigorous litigation or muscular negotiations, including alternative methods of dispute resolution such as mediation, or a combination of both.
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Property Litigation
The firm wide and enviable reputation enjoyed by JMW Solicitors for commercial property work extends to dispute resolution. Our aim with you is to achieve pragmatic, workable solutions to a full range of property matters, which include:
- Breach of Commercial Agreements/Leases
- Breach of Covenants/Warranties
- Construction Disputes
- Dilapidations
- Landlord & Tenant Act Lease renewals
- Forfeiture and Possession actions
- Trespass and Nuisance
- Adverse Possession claims
- Boundary Disputes
Corporate Litigation
When relationships within businesses do not go as well as parties would wish, we bring our experience and commercial judgement to bear to achieve solutions for you. Steps may need to be taken on your behalf with speed and vigour to preserve your position and the financial status of the business, such as interim injunctions. Equally, careful negotiation skills will need to be employed to achieve resolution.
We have particular experience and expertise in advising upon and resolving shareholder and partnership disputes. Working with our commercial colleagues we can also provide proactive advice on how to avoid future disputes by drafting robust documentation such as Shareholders’ Agreements and Partnership Deeds. These documents can be drafted to regulate proceedings in the event of a dispute including procedures and methods of valuing the business and the value of individual shareholder’s or partner’s share of the business.
Directors, partners and sole traders face increasing regulatory pressures. We are able to advise on those pressures. We can give supportive and pro-active advice on Directors’ duties for their company, fellow Directors and to third parties. We have experience in acting for Directors facing Disqualification proceedings.
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Banking and Finance Related Disputes
We can advise on all aspects of Banking and Finance related issues from both a financial institution’s position as lender/financier to that of a company/individual customer/borrower. In particular we can advise on breach of mandate, guarantee/indemnity and general banking disputes.
Insolvency
We provide a wide range of services dealing with corporate and personal insolvency including:
- Bringing or defending personal and corporate insolvency proceedings
- Acting for debtors, creditors and office holders
- Directors disqualification proceedings
- Recovery of assets
- Pursuing or defending wrongful/fraudulent trading action
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