Disputes with suppliers can have a crippling effect on your business, particularly where the goods or services they provide are essential to what you do or your operational efficiency. Quick and commercially sensible solutions are the order for the day and are what our team of dispute resolution lawyers specialise in delivering.
How can we help?
Our aim is to resolve your dispute using whatever means are necessary to achieve your objectives and to protect your commercial interests. There are a number of factors that will influence the approach taken, including:
- the urgency with which the dispute needs to be resolved and whether an injunction may be necessary to force your supplier to recommence services pending matters between you being resolved or to prevent them making defamatory statements;
- whether there is a dispute resolution clause in your contract compelling you to follow a particular procedure;
- the current state of your relationship and how likely it is you will be able to work together to resolve matters; and
- the complexity of the issues that need to be determined.
In some cases informal negotiation or a mediator-led process will be suggested, while in others arbitration or expert determination may be more appropriate. Court proceedings might also be an option, particularly where the dispute raises novel or difficult issues or where an injunction is likely to be required.
What type of supplier dispute do IMD Solicitors deal with?
Our dispute resolution solicitors deal with a variety of supplier disputes acting for clients who are exclusively UK-based and also for international clients with global operations.
We have particular expertise in resolving disputes arising out of:
- contracts concluded on the basis of alleged misrepresentation, for example around a supplier’s experience, capability or resource capacity;
- breach of contract claims, particularly where delivered dates have been missed or promised after-sales support has not been provided;
- breach of sale of goods and supply of services legislation which obliges suppliers to ensure their goods are of satisfactory quality, fit for purpose and that any services are performed with reasonable skill and care;
- failure on the part of a supplier to arrange appropriate licences for the use of intellectual property protected features imbedded within their produces;
- the supply of faulty or defective machinery and equipment;
- substandard or incomplete service provision;
- outstanding bills where liability to make payment is disputed; and
- insolvency proceedings of your supplier which impact on the validity of your contractual arrangements.
Why choose IMD Solicitors?
Our dispute resolution lawyers understand the crucial importance of ensuring supply arrangements in your business run according to plan and the need for speed when things go wrong.
We are well known for our proactive approach and for our ability to come up with creative solutions to unusual problems, even in cases which appear to be deadlocked.
We are also notable in our commitment to continue supporting you once your dispute has been resolved by signposting you to other services we believe you could benefit from, such as help with drafting new commercial contracts or in appointment an agent or distributor to help grow and penetrate new markets.
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.
Senior Consultant Solicitor