Business Litigation Solicitors London

Most contract claims must be brought within six years of the breach. Claims under a deed are subject to a 12-year limit. Employment claims such as unfair dismissal must be issued within three months of the relevant event, with very limited exceptions. These time limits are set by the Limitation Act 1980. Missing a limitation deadline means losing the right to claim entirely, so take advice as early as possible.

Mediation is a process in which the parties to a dispute work with an independent mediator to reach a negotiated settlement. You are not legally required to mediate, but courts in England and Wales actively encourage it, and unreasonably refusing to engage can result in a costs penalty even if you win your case. Mediation is usually quicker, cheaper, and less damaging to business relationships than contested court proceedings.

If a debtor refuses to pay and has no genuine dispute about the amount, you can pursue the debt through the courts. For smaller claims, that means issuing a claim in the County Court. If judgment is obtained and the debtor still does not pay, several enforcement options are available: instructing enforcement agents, obtaining an order requiring the debtor to provide information about their assets, or applying to place a charge on property they own. We advise on the most appropriate route based on the amount involved and the debtor’s circumstances.

A statutory demand is a formal written demand requiring payment of a debt above a prescribed threshold within a set period. If unpaid, the creditor may be entitled to present a bankruptcy petition against an individual or a winding-up petition against a company under the Insolvency Act 1986. These demands are a powerful debt recovery tool, but they must be used carefully, and there are grounds on which they can be set aside. We advise both creditors serving demands and debtors who have received one.

In court proceedings, the general rule is that the losing party pays a proportion of the winning party’s costs. Courts exercise discretion, and the amount recovered rarely covers all of your actual expenditure. The proportion recoverable depends on how the case was conducted and, in some circumstances, whether any formal settlement offers were made and refused. We explain the costs position at the outset so you can make an informed decision about proceeding.

A freezing injunction is an emergency court order that prevents a party from disposing of their assets, typically while litigation is ongoing. Courts grant them where there is a genuine risk that the defendant will move or dissipate assets before any judgment can be enforced. These applications are made urgently, often without notice to the other side, and require careful preparation and strong supporting evidence. We have experience in obtaining and defending against these orders.

Shareholder disputes arise when shareholders in a company disagree about how it is being run, how profits are distributed, or the conduct of one or more co-owners. They can also arise where a minority shareholder has been treated in a way that is unfairly prejudicial to their interests. Depending on the circumstances, these disputes can be resolved through negotiation, mediation, or court proceedings. In serious cases, a court can order one shareholder to buy out another, or that the company be wound up.

Unless limited exceptions apply, a limited company cannot represent itself in court proceedings in the way an individual litigant in person can. A solicitor or barrister must represent it. An individual sole trader can appear in person, but doing so in a contested commercial dispute against an opponent who has legal representation carries real risk. Court procedure is complex, and errors can have serious consequences.

We offer a fixed-fee initial consultation for business litigation matters. At that meeting, we will review the dispute, give you our assessment of your position, and explain the likely costs and timescales if you wish to proceed. Please visit our pricing page for details, or call us to arrange a meeting.