Dispute Resolution & Commercial Litigation

For most breach of contract and negligence claims you have six years from the date the cause of action arose, under the Limitation Act 1980. Some claims differ — for a deed the period is twelve years, and defamation is only one year from publication. Latent professional negligence can attract a separate three-year window from when you had the relevant knowledge, subject to a long-stop. Miss the limitation date and the claim is usually barred however strong it is, so get advice early.

A letter before action is a formal written demand setting out your claim, the amount and the deadline to respond before court proceedings begin. In England and Wales the Pre-Action Protocols expect you to send one and to exchange key information before issuing, and the court can penalise you on costs if you skip the step. In our experience most debts are recovered shortly after we issue a formal letter before action, though the timing depends on how the debtor responds.

It depends on the value, complexity and how hard the other side fights. We charge at our hourly rates of £145 to £350 plus VAT, depending on the nature of the case and the seniority of the person acting, give you an estimate at the outset, and tell you in advance if it changes. Early settlement under the Pre-Action Protocol is the cheapest outcome; a fully contested trial is the most expensive. The general rule under the Civil Procedure Rules is that the losing party pays a large part of the winner's costs, though recovery is rarely complete — we factor that into the decision to fight.

Usually yes — mediation is faster, cheaper and more private than trial, and the courts expect parties to attempt settlement before and during proceedings. A party who unreasonably refuses to engage in mediation can be penalised on costs even if it wins. Mediation does not bind you to a deal; you only settle if the terms beat your litigation risk, and we agree a walk-away position with you beforehand.

You must show that a statement referring to you was published to a third party and that it caused, or is likely to cause, serious harm to your reputation — and for a business that trades for profit, serious harm means serious financial loss, under the Defamation Act 2013. The defendant may then rely on defences such as truth, honest opinion, or publication on a matter of public interest. Defamation claims must be brought within one year of publication, so they move quickly.

Often, yes — most debts are recovered shortly after we issue a formal letter before action, though the timing depends on how the debtor responds. If that fails, options short of a full trial include statutory demands and insolvency pressure for undisputed debts, or a swift application for judgment where there is no real defence. We advise on the route most likely to get you paid without burning a relationship you want to keep.

A shareholder dispute is a conflict between company owners over control, money, strategy or exit — commonly deadlock or the unfair treatment of a minority. Remedies range from a negotiated buy-out at an agreed valuation to an unfair prejudice petition or, in the last resort, a winding-up of the company. The shareholders' agreement and articles usually govern the exit mechanics, so we start there before reaching for litigation.