Dispute Resolution
The breakdown of a business relationship can become acrimonious between people who were once close and trusted each other. Disputes between business owners can be very stressful.
Disputes between business owners can be very stressful and take time away from running a business.
This takes valuable time away from your business and it is essential that early advice is taken where a dispute has occurred.
Hodge Jones & Allen Solicitors can act for people and businesses who find themselves embroiled in such a dispute. Our expert Dispute Resolution team is skilled at dealing with commercial disputes and litigation for clients of all sizes across a variety of commercial disciplines.
Company disputes can take many forms. Hodge Jones & Allen Solicitors have acted in many kinds of company disputes, including:
Our solicitors combine their technical expertise with a pragmatic and commercial approach to provide tactical and strategic advice to protect your rights, interest and reputations.
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Shareholder disputes are disagreements between shareholders in a company or disagreements between the shareholders and company directors. These disagreements usually arise from different opinions about the direction of the company, how the business should be managed or a party acting in breach of the duties owed to the company.
The starting point in any claim is considering the shareholder agreement (if there is one) and looking at what rights are provided by the Articles of Association.
Disputes can include:
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Most company management disputes are part of the usual running of a business and are resolved amicably between the parties. However, some disputes can be serious and threaten the business itself.
The starting point in any claim is considering the shareholder agreement (if there is one) and looking at what rights are provided by the Articles of Association.
Common examples of Director disputes include the following:
Partnership disputes can be disruptive to businesses. Relationships between partners can often become difficult for a variety of reasons and if not handled effectively can threaten the stability of the business.
Partnership disputes fall into two categories:
A Partnership Agreement should describe the duties of the partners, and also include a dispute resolution clause.
Partnership Disputes can include the following:
Hodge Jones & Allen Solicitors understands that you need to devote time to your business. Litigation can be a costly and time-consuming exercise. Early resolution is of benefit to most sensitive disputes, and all methods of resolution should be considered carefully.
Fraud is the obtaining of a financial advantage through dishonesty or deceit. It can cover a range of claims where one party uses misrepresentation, deception, dishonesty, bad faith or unconscionable behaviour to obtain an advantage over another party.
Whilst fraud can be prosecuted in the criminal courts, victims of fraud can also pursue civil claims to recover their losses and/or receive compensation.
The standard burden of proof in civil cases is on the balance of probabilities which is much lower than the criminal standard of beyond reasonable doubt.
Civil fraud claim can include:
Civil fraud is a complex area of law and it can be a challenging situation to be faced with, both as the Claimant or Defendant. When most think of fraud, it is usually from the criminal perspective, but another option is available via the civil courts to recover lost money. If you are either the victim of fraud, wanting to explore your options for recovery, or you are defending civil fraud proceedings, it is incredibly important to obtain legal advice from the outset due to the complexity of the proceedings.
Further details about Civil Fraud, including type of actions, and remedies can be found in this dedicated article on our website.
An injunction is a court order requiring a party to do or stop doing a certain act. An interim injunction is a temporary injunction, which is usually granted pending a further hearing or until a full trial of the dispute. Before granting an injunction, the court must be satisfied that there is a serious issue to be tried and that damages would not be an adequate remedy.
Contracts form part of everyday life. Whatever the contract, whenever one party does not fulfil their contractual obligations, a dispute can arise.
Examples of contractual breaches include:
A contractual dispute can also arise from disagreements over: validity (including, existence and interpretation), the terms (such as performance obligations), or the implementation of the contract. Contractual disputes range from minor breaches of contract to significant allegations and disputes.
When a party commits a breach of contract, the options available to the wronged party depend on the severity of the breach and the terms of the contract.
The most common remedy in a contractual dispute is payment of damages. The purpose of damages is to compensate the wronged party for their loss and should place the wronged party in the same position as if the contract had been properly performed and the breach had not occurred.
In some cases, the court may order the breaching party to carry out their obligations in accordance with the contract
Our experienced contract lawyers can help with all forms of contract dispute.
Hodge Jones & Allen Solicitors have been recognised as one of Chambers and Partners‘ top firms. The firm is also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest dispute resolution cases.
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