When disputes arise, they can often have far-reaching implications for the rest of a business.
Contentious issues need to be dealt with swiftly and appropriately to prevent them escalating, keeping disruption and financial impact to a minimum. Mitigating risk is just as important as robustly fighting a claim in court. There are numerous alternatives to litigation, so pursuing the right strategy is important to ensure disputes are resolved in the most effective way.
We treat problems as if they are our own, working closely and collaboratively with our clients to provide practical solutions that fit with their commercial objectives. While we have a substantial group of litigators, we are also experts in alternative dispute resolution, mediation and arbitration. In addition, we also provide risk mitigation and investigation services to help clients identify where issues might arise, and where they have in the past, to work out the causes and implement solutions.
Whether it’s handling high-profile, complex cases in the High Court and beyond, or working behind the scenes with a minimum of fuss, clients rely on our first-class insight to help them stay one step ahead.
Dispute Resolution Update - July 202020 July 2020
Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
Sports Q&A - What’s FIFA’s position on the transfer window and other regulatory issues impacted by the Covid-19 crisis?06 July 2020
Following the unprecedented disruption caused to football by COVID-19, FIFA published a set of principles and guidelines back in April 2020 in order to address some of the key regulatory and legal issues arising, especially with regard to player contracts and the transfer system.
A Deed of Retirement doesn’t always protect a retiring partner09 June 2020
It’s not unreasonable to think that if a partner retires from a limited liability partnership (“LLP”) under the terms of a Deed of Retirement which contains a waiver and release clause, that partner will not be subjected to claims for any liabilities to the LLP.
Do dispute resolution clauses have immunity from Covid-19?08 June 2020
The economic impact of Covid-19 on businesses is profound. Government restrictions, supply chain and logistics challenges, cash-flow pressures and employment issues are all affecting the ability of businesses to comply with contractual obligations. Such instability and uncertainty is likely to result in an increase in disputes.
Will a court force a party to perform its contractual obligations?01 June 2020
A combination of government-imposed restrictions, a down-turn in trade and a scarcity of funds has meant that parties are increasingly finding themselves unable to comply with their contractual obligations. The usual remedy in such a scenario would be for the innocent party to sue the defaulting party for the loss and damage suffered as a result of the other party’s failure to fulfil its obligations.
Can a contract be terminated if COVID-19 or government sanctions prevent performance?26 May 2020
The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Many will find themselves in a position where either they or the counterparty will be unable to perform their obligations and will be in breach of contract.
But you promised! Even without a written contract, promises can be enforced and rights given up.19 May 2020
Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.