A commercial dispute is a business problem before it is a legal one. The first questions are what the contemporaneous documents show, what the realistic range of outcomes is, and what resolution would cost in time and money.
We assess disputes on that basis and give a candid view of the position, including where the evidence is weak. Litigation proceeds only when it is the appropriate route.
Matters handled in this area
- Early case assessment and merits analysis
- Contract and warranty disputes
- Partnership, shareholder and joint-venture disputes
- Pre-action correspondence and settlement negotiation
- Mediation and arbitration
- Trial preparation and advocacy
How the work proceeds
- 01
Assessment
We gather the contracts, correspondence and records that bear on the dispute and set out the strengths, weaknesses and likely timeline.
- 02
Resolution strategy
Negotiation, mediation and formal proceedings are compared against your commercial objectives, with the cost of each explained in advance.
- 03
Conduct of the matter
Where proceedings are necessary, we manage pleadings, disclosure, evidence and hearings, reporting at each stage.
Common questions
- How quickly should a dispute be reviewed?
- Early review is generally preferable. Limitation periods, contractual notice provisions and preservation of documents can all be affected by delay.
- Is settlement always attempted first?
- Resolution options are always assessed. Whether settlement is approached first depends on the conduct of the other party and the relief you need.