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Commercial Litigation

  

Neil's 25 years of experience is on call for you.

 

  • Contract disputes

  • Debt recovery

  • Letters before action

  • Issuing legal proceedings

  • Judgment/Enforcement

  • Bankruptcy/Winding up

  • Professional negligence 

  • Property Disputes  

Neil Millar LLB

Commercial litigation is a complex area, but with our knowledge and experience, it's one your business can navigate successfully.

 

When considering a legal solution, the golden rule is, seek expert impartial advice as early as possible.

 

If you're on either side of litigation, our commonsense approach and realism can save you from a great deal of stress and expense – contact us now on 0161 870 0177 to discuss a solution to your problem.
 

 

What do you want to achieve?
Over 25 years of advising clients in business and personal disputes, we have developed proven ways of progressing your case.


We begin by establishing what would be your ideal result. This is the benchmark against which we assess all the features of the issue, and the evidence to support your case.


We will then work to achieve the best realistic resolution of the dispute. Seeking a satisfactory result through negotiation or other alternative dispute resolution is usually the best course of action, but ultimately of course we will pursue litigation through the courts or tribunals.
 

Knowledgeable help is essential
It's worth noting that the courts will expect both sides of the dispute to have made a serious attempt to resolve the matter before taking it to court.

 

There are also defined ways for cases to be progressed, according to the Court Rules (the Civil Procedures Rules). If you don't follow these protocols there's a risk that the court will make adverse costs orders against you, even if you win the trial.


In other words, our knowledge and experience can be invaluable, even in what may appear to be a straightforward case.

 

Breach of contract
Success in breach of contract claims is also about seeking legal advice early on. And this way you're also far more likely to save time and expense in the long run.


As ever in commercial law, things are rarely simple or straightforward. You'll need expert help not just in showing that someone has broken their contract with you, but things like proving you suffered a loss as a result, and that you tried to minimize that loss, must also be handled properly.


The rules governing how damages for any loss are calculated are complex too. Experienced and knowledgeable guidance is therefore essential.

 

Regulatory Work

We help and advise businesses (and professionals) in relation to investigations or proceedings brought against them by Government or Professional Regulators. Our most recent work in this area is in relation to the Debt Management Sector. In November 2009, the Office of Fair Trading (OFT) lauched its Debt Management Guidance Compliance Review. Debt management companies which have been subject to a review are required then to provide to the OFT impartial evidance of the action which they have taken to address the Areas of Non-Compliance. The evidence required is at  the level of a report of an indendent audit verifed by the Auditor. We can perform the audit and provide the relevent audit report.


Negligence
Negligence claims can arise where a party has a 'duty of care' to another – there doesn't necessarily have to be a contract between the two for negligence to occur.


Proving that one party has suffered loss or damage as a result of the other's not fulfilling a duty of care needs expert handling.


Calculations of damage can get complicated too, and other issues may be involved, such as contributory negligence.


Claims can be brought for personal injury, or professional negligence, such as an accountant or architect who has not performed duties to correct standards.


If all this sounds a little daunting, we're here to give you the insight and advice to progress your claim with confidence.
 

 

Debt recovery
If you have outstanding debts owed to you, and you've tried all the usual channels to recover the money, often a solicitor's letter can have the desired effect.


Of course, it may come to the point of court action. In this case we can proceed on you behalf, for a clear fixed fee covering the initial stages of debt recovery.


It's always our policy to claim for interest on the sum owed to you, and compensation via the Late Payment of Commercial Debts legislation.

Insolvency
Sometimes recovering you debts may mean threatening insolvency proceedings. Occasionally, this may also lead to following the threat through by serving what's known as a 'statutory demand'. If all this doesn't achieve payment, we can issue a winding up petition against a company on your behalf, or a bankruptcy petition in the case of an individual.


If on the other hand, you're the one in financial difficulties and the above actions are taken against you, we can also help. It's crucial to get good advice as soon as possible, and we can connect you with excellent independent insolvency practitioners and insolvency law specialists.

Property Disputes
At the risk of repeating ourselves, it's none-the-less essential to gain early advice in property disputes – whether they be in connection with business premises or your own home.


The fact is, commercial landlords tend to hold much of the power when it comes to disputes, so it's important to seek out our expert advice if a dispute arises. Talk the matter through with us, and we'll quickly identify the options available to you.


And in the case of property disputes relating to your home, early advice from us can often provide a solution. Coming to us sooner rather than later means avoiding the often rapid escalation of the issue, and equally fast-building costs.