dispute resolution

Adverse litigation affects not only the bottom line, but also the company's reputation. In order to avoid costly litigation, it is best to ensure that preventative measures are in place to spot potential problems at the earliest stage to avoid major problems at a later point.

Traditional litigation still has its role to play but increasingly business demands quicker, cheaper and more effective resolution of its disputes and potential disputes. At Clarke Willmott, we work with our clients to review and enhance their internal systems and improve staff education in order to identify and avoid potential pitfalls.

If a dispute is unavoidable then mediation, adjudication and other imaginative options are key tools in the modern environment of dispute resolution.

Our Dispute team contains members of the Chartered Institute of Arbitrators, trained mediators and adjudicators. All team members are confident and knowledgeable about the various options for resolving disputes. Additionally the firm has a number of Solicitor Advocates and Barristers so when a dispute does end up in court we can offer a "one-stop" shop.

We have specialists in contracts, sale of goods, consumer credit, commercial fraud, insurance, professional negligence and nuisance actions as well as partnership and shareholder disputes. In addition, we have particular experience of advising businesses on international trade arbitration which often involves complex jurisdictional issues. In the field of property we have specialists in disputes relating to building and development, dilapidations, land acquisitions, landlord and tenant, strategic options, possession actions, purchaser claims and trespass and squatter actions.  We can also advise on claims of negligence against surveyors, accountants and solicitors.

Recent cases include:

• Acted for the successful defendant in multi-jurisdictional arbitration proceedings involving allegations of fraud and a claim for $150 million. Case involved complex issues of English and New York Law.

• Acting for company in dispute relating to the enforcement of EC Regulations in this country. The case has been heard by the European Court of Justice in Luxembourg, before which our client was successful in all courts in this country, including the House of Lords.

• Acting in major dispute between shareholders in a large family owned business. At present seeking to find resolution through mediation.

• Acted for a small enterprise in dispute with BT in respect of substantial lost business caused due to faults on the line. The court prevented BT relying on its onerous terms and conditions to limit its liability and awarded substantial damages.

• Acted for the importer of lifting equipment in dispute with the purchaser. The case involved complex areas of international sale of goods through letters of credit and was of key legal importance. Our client was successful both at trial and on appeal.

For further information, please contact William Whiteley.