DISPUTE RESOLUTION

Commercial Dispute Resolution

How can I decide if dispute resolution is the best course of action for my business?

Commercial dispute litigation is not something to be taken lightly as it can impact on your business both financially and in terms of time.

The highly experienced team at JWK Solicitors will meet with you to provide their professional opinion on the pros and cons of taking action and help you assess the commercial viability. Our advice and communications are protected from disclosure to third parties - see blog.

We will need to receive from you all the documentation relating to the history of the case; to read about the importance of documentation, see our blog article.

A customer owes me £4,000. Will I recover my costs?

If you are successful, you will recover fixed costs but these are unlikely to cover all your legal costs. It is therefore recommended that you consult with your solicitors to decide if litigation is the best course of action in this case.

 

I have judgment in my favour for £15,000. What method should I use to enforce it?

This depends on the type of Judgment Debtor and their assets.

You may:-

  • Commence Insolvency Proceedings.
  • Instruct the High Court Enforcement Officer.
  • Apply for a Charging Order – to secure the debt against property or land owned by the Debtor.
  • Apply for a Third Party Debt Order (formerly Garnishee Proceedings) – to seek payment of money from a debt owed to the Debtor held by a third party.
  • If the Debtor is an individual, apply for an Attachment of Earnings Order – to obtain payment from the Debtor’s employers by direct deduction from the Debtor’s earnings.

JWK Solicitors will be able to provide advice on the best way for you to enforce the Judgment.

My Area Sales Manager has left and is working for a competitor. I am losing business - what can I do?

Obviously you will need to look at your ex-employee's contract to see if they are in breach of any restrictive covenants.  You can pursue the ex-employee and their new employer if they are using your trade secrets and confidential information, but this will depend on the specifics of their contract.

 

Should I issue proceedings in the County Court, High Court or go to Arbitration?

This will depend upon the dispute and the parties involved. It is recommended that the option of Arbitration or Alternative Dispute Resolution be considered as it may be the quickest and most economical way of resolving the dispute.

 

How much will it cost for me to make a claim?

We offer a range of funding options to help you pay for the cost of your claim, including ‘No Win – No Fee’ arrangements. 

Speak to one of our team to get full details on the scheme and find out if you are eligible, or visit the Funding section of our website to find out more.


JWK can help you. Get in touch today

Do you have a question or would you simply like some more information? You can contact JWK Solicitors on 01524 598300 between 9am to 5pm every weekday or use our enquiry form.