With contracts governing virtually every commercial relationship you enter as a business it is not surprising that disputes occasionally arise, whether because of an alleged misrepresentation, a breach or contract or a failure to comply with fiduciary duties in contracts based on trust and confidence, such as agency agreements.
The key to resolving these types of disputes is to decide at an early stage what you want to achieve and to speak to use about strategies for achieving your objectives.
How can IMD Solicitors help?
Our team of dispute resolution lawyers can support you in the resolution of domestic and international contract disputes through a range of dispute resolution procedures tailored to your requirements.
For example, in case where your objective is to being an immediate halt to activities being carried out in breach of contract and to then exercise rights of termination we are likely to recommend court proceedings and an application for an injunction.
In other cases where your objective is to keep our commercial relationship going or to ensure details of your disputes remain private then it may be more appropriate to explore alternative dispute resolution methods, such as negotiation, mediation, arbitration or expert determination.
What types of contract dispute can we help you with?
We can help to resolve contract disputes involving customers, suppliers, employees, shareholders, investors, business associates, professional advisors or parties to commercial transactions, resulting out of a variety of commercial dealing including:
- corporate transactions, such as merger and acquisition or joint ventures;
- commercial contracts, such as a sale of goods or supply of services agreements, outsourcing arrangements, product warranties, personal guarantees, agency or distribution agreements, shareholders agreements or share purchase agreements;
- contracts of employment or director ' s service agreements; and
- personal finance or corporate loan agreements.
We can also deal with disputes over:
- the enforceability of contract provisions under unfair contract terms legislation;
- the impact of insolvency arrangements on contract validity;
- jurisdiction in international contracts where it is unclear in which country dispute resolution proceedings ought to be commenced or conducted; and
- the enforceability of a contractual dispute resolution clause where there s ambiguity in the drafting and you do not wish to be bound by it.
Why choose IMD Solicitors?
Our dispute resolution solicitors understand the pivotal role contracts play in your commercial operations and the need to ensure they are functioning as intended. They also understand the need to react quickly where a dispute arises and to come up with creative solutions as to how they might be resolved.
We appreciate the need to proceed with care where there is a commercial relationship that needs to be preserved but also the importance of acting robustly and decisively where this is what is needed to protect your interests.
Our approach is holistic which means that when you come to use for help we do not look at your dispute in isolation but in the context of your wider commercial arrangements.
We will also ensure that where we spot potential issues within a contract which may give rise to future problems, these are highlighted and you are referred to a member of our commercial law team who will work with you to strengthen and improve your position, for example by revising your standard terms and conditions and suggesting where a bespoke contract may be more appropriate.
List of notable dispute resolution cases
- Multi-jurisdictional dispute involving international consortium of corporate shareholders of a Saudi oil and gas subsidiary, involving allegations of fraud and breaches of contractual obligations. Liquidation of the subsidiary was sought by a proportion of shareholders. Settlement was reached between all and liquidation successfully prevented.
- Dual-jurisdictional dispute involving essentially a battle between conglomerate of companies, with proceedings lodged with various courts across two jurisdictions involving complex jurisdictional and commercial matters.
- Claim against international plc involving defending allegations of fraud. Concluded successfully and saved the Client from insolvency.
- Acting for a Claimant in a dispute with a global payment processing institution, involving misconduct allegations and challenge to jurisdiction. Case settled at over 80% of the amount claimed despite initial arguments and denial by the institution.
- Defended a breach of contract claim involving a cross-border supply of goods. Using strong defence arguments but preserving our client’s commercial position, we managed to resolve the matter through a reduction of the main claim by 75% and potential costs liability by 80%.
- Acted for a construction company in a claim to recover an unpaid contractual fees. Judgment in favour of the Client secured a trial despite little documentary evidence available and relying mostly on witness evidence.
- Represented a company Director in a successfully defended claim involving allegations of fraud and breach of fiduciary duties
- Acting for a claimant in a construction dispute. The matter proceeded to trial where the Claimant successfully obtained a judgement for the full amount.
- Acting for a defendant who failed to file a defence and had default judgement entered against him prior to instructing our firm. The judgement was set aside and eventually the value of the claim was reduced by 75%.
- Acting for a creditor in a reported High Court case relating to enforcement of a foreign judgement in the UK. Successfully defended an application by a debtor to declare the judgement unenforceable.
- Regularly acting for a group of companies dealing with medical equipment manufacturing and worldwide distribution. Assisting with both contentious and non-contentious cases ranging from commercial and employment to GDPR compliance.
- Represented a Client in a complex shareholders’ dispute concluded by the way of agreement and voluntary liquidation of the company.
- Acting for the UK based construction company in a dispute with a contractors. Settled the claim for circa. 90% of the amount originally claimed.
- Pursuing a claim against a firm of solicitors who have provided our client with negligent advice. Successful recovery of circa 80% of the loss incurred.
- Acting for a large meat supplier in a dispute with the distributor arising due to faulty product being introduced earlier in the supply chain.
- Successfully defending a client from committal to prison, in a private prosecution brought by the insurers of a third party following a road traffic collision.
- Acting in a dispute with the main contractor on a construction project. Successfully recovered our client’s losses incurred as a result of the main contractor and successfully defended all counterclaims that were brought against our client.
- Acting for an investor in a dispute with a trading company. Successfully obtained a judgment for the sums deducted from the client’s account by the trading company.
- Acting for a landlord in possession proceedings. Successfully obtained a court order for possession and evicted the tenant using the court appointed bailiff.
- Acting for a claimant in a Professional Negligence matter, successfully settling the case before trial.
For more information, please contact Olexandr Kyrychenko on 0330 107 0106. Alternatively you can make an appointment to see a member of our team in one of conveniently offices.
Senior Consultant Solicitor