When two parties agree that one of them will do something for the other, a contract arises. With larger businesses, those contracts will always be recorded in writing, sometimes with competing standard forms, giving rise to arguments as to whose terms apply, “the battle of the forms”.
Sometimes, only key terms (job, price and time scale) will be recorded in writing, perhaps in an exchange of emails. Sometimes, with smaller businesses and particularly with contracts made between individuals, there may be no written terms at all. Clearly, resolving disputes arising will throw up different issues in different circumstances. With thirty years experience, we have dealt with most variables.
At other times, the dispute is not with an external third party, but is internal. The directors and the shareholders in a limited company, or the partners in a partnership or firm, fall into disagreement. With limited companies, there will always be Articles of Association and perhaps a shareholder’s agreement; with partnerships, there should be a partnership agreement, but often there is none and the partners have to rely upon the 1890 Partnership Act when looking to resolve their dispute. We have dealt with these too.
Once a potential dispute arises, take early advice as to your legal position, rights, obligations and procedural options before trying any self-help methods, such as walking off site, holding up deliveries, raising contra invoices of dubious contractual merit and so on. Of course, try to resolve matters, but, if that fails, then that is the time to take legal advice.
We work closely with a range of specialist barristers, as these disputes are often highly technical and specialist input, at an early stage, can assist in their resolution.
What happens once proceedings are issued?
What is disclosure and inspection?
What does litigation mean?
Hearsay in the Civil Courts
Can I extend the time to file and serve my defence?
What are Part 8 Proceedings?
Litigation & Disputes - I want to say a big thank you for your help, support and advice. I realise that some of this may have felt strange as working in an area one is not familiar with can sometimes appear strange and complex and open up many questions. However I do feel you have embraced my challenge and concerns and presented it in a most professional manner and that is all I could have asked for.
Sheltons Solicitors is a trading name of Edward Hands & Lewis Limited, a company registered in England & Wales with company number 07001422 having its registered office at City Gate House, 11 St Margaret’s Street, Leicester, LE1 3EA. The directors are Jason Hathaway, Leanne Hathaway, Andrew Robinson, Paul Stubbs and Emma Fuller. We use the word “Partner” to refer to the most senior individuals at Edward Hands & Lewis Limited and its use in connection with the business of Edward Hands & Lewis Limited should not be construed as an indication that any individual carries on business in Partnership with any other individual within the meaning of the Partnership Act 1980, or that they are personally liable to you or any other party for any acts or omissions. Individuals named as Partners owe no personal obligations to you in either contract or tort, nor does the title “Partner” mean that they have any authority to bind the firm. We are authorised and regulated by the Solicitors Regulation Authority and our registered practice number is 533589. Our VAT No. is 114080418.