Disputes between businesses or organisations are bound to happen from time to time and the TSP team, led by Mark Cooksley, is on hand to advise you on the best course of action for a swift and cost effective resolution. There are many approaches to settling disputes before consideration of court action is even necessary and we will guide you depending on what your objectives are.
The commercial litigation team has significant experience in managing a wide range of disputes and, coupled with our legal knowledge and business acumen, will proactively support you to a practical solution.
Where required, we work closely with other specialist teams within TSP to provide a complete and seamless service. Our friendly and approachable manner and commitment to serving you in your best interests can provide you with the confidence you need during a time of uncertainty.
Mark sits as a Deputy District Judge and is the Past President of the Suffolk and North Essex Law Society.
Dispute settlement
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Litigation
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Arbitration
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Alternative Dispute Resolution (ADR)
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Self Resolution
Some areas of experience
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Debt recovery
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Property
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Insolvency and bankruptcy
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Partnerships and shareholdings
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Acquisitions
Please contact us for more details or to arrange an initial consultation.
18 April 2013: The implementation of many of Lord Justice Jackson’s recommendations took place on 1 April 2013, appropriately April Fool’s Day. The changes represent the biggest change to civil litigation procedure in England and Wales since 1999 when the Civil Procedure Rules were introduced. They have been updated and modified as time marches on, as indeed is the Common Law, which is an ever changing, constant, adaptable beast. By far the biggest impact will be on personal injury claims although the changes will impact on all types of litigation.
To download a the PDF version of this article, please click here.
Checklist: After the event insurance
May 2013: This checklist explains what after the event (ATE) insurance is and highlights its main advantages and disadvantages for a business.
To download the PDF version of this checklist, please click here.
Update: director in contempt of court for failing to comply with injunction
February 2013: A recent High Court decision highlights the potential penal consequences for company directors of failing to comply with an injunction. The court held that two companies (and a director of both companies) were in contempt of court for failing to comply with an injunction that required the companies to remove an estimated 3000 cigarette bins containing advertisements for the companies which had been erected without advertisement consent.
To download the PDF, please click here.
Sept 2012: The High Court has imposed custodial sentences on two defendants who had been found to be in contempt of court after breaching a freezing injunction over a company's assets. To download the Update PDF, click here
Checklist: tenancy deposit schemes
May 2012: The Tenancy deposit scheme (TDS) is designed to prevent landlords from failing to return a tenant's deposit and also ensure landlords are not left out of pocket when a tenancy expires and a tenant abandons the property. A number of changes to the TDS came into force in April 2012:
The period for the landlord to protect a deposit in accordance with the rules of the TDS and give prescribed information to the tenant was increased from 14 to 30 days.
If the landlord fails to comply with the TDS, the tenant can now apply to court even if the tenancy has ended.
The penalty for failing to comply with the TDS will now be between one and three times the deposit.
This checklist explains what a tenancy deposit scheme (TDS) is and what a landlord’s obligations are under a TDS.
To download a PDF copy of this checklist please click here.
Checklist: remedies for breach of contract
Feb 2012:The Court of Appeal has provided a useful practical illustration of the difference between the rescission of a contract and its discharge by breach, and the impact the distinction can have on the amount of damages that a claimant can recover.
The court held that rescission was unavailable when a seller failed to comply with his contractual obligations to lay new, separately metered, electricity and mains water supplies to a property within six months after completion. However, the buyer was entitled to accept the seller's repudiatory breach and treat the contract as at an end.
The buyer was entitled to recover damages for the losses he had suffered as a result of the seller's breaches, but was not entitled to be put back in the position he would have been in, had the contract never been entered into.
This checklist highlights the main remedies available to a business for breach of contract. To download a PDF copy of the checklist click here.
Checklist: after the event insurance
The Senior Courts Costs Office has held that an after the event (ATE) insurance premium of more than £9 million was recoverable in full from the defendants in the Trafigura litigation.
The decision establishes that the principles governing the recoverability of ATE premiums apply regardless of the sums involved.
This checklist explains what after the event insurance is and highlights its main advantages and disadvantages for a business. To download a PDF copy of this checklist click here.
Checklist: settling a commercial dispute
Dec 2011: A judgment from the Technology and Construction Court warns practitioners that, even in the high pressure run-up to a full trial, the court will give effect to a client's settlement of a dispute. In this case, a company had appointed a contractor to carry out works to a listed Victorian manor house. The parties could not agree the sum due to the contractor and the parties each commenced proceedings.
Following an exchange of written settlement offers between the parties' solicitors, the parties' managing directors spoke by telephone to try to settle the dispute. After the conversation, the contractor asserted that the parties had reached a binding settlement, but the employer denied this. The court ruled that, as a result of the conversation, the parties had orally agreed that the company would pay the contractor £275,000 in full and final settlement.
This checklist highlights the factors a business should consider when it is thinking of settling a commercial dispute.
Checklist: recovering a trade debt
Most, if not all, businesses will need to pursue an unpaid invoice at some time. This checklist highlights the advantages and disadvantages of the main options available to your business when trying to recover a fairly modest trade debt. Click here to download a PDF copy of the checklist.
Update: bankruptcy and repossession of leasehold property
A recent Court of Appeal decision has confirmed that a landlord did not require the Court’s permission to repossess the leasehold property of an undischarged bankrupt (or a debtor subject to a debt relief order) who defaulted under the terms of the lease.
Click here to download a PDF copy
Clare Sheeran - Solicitor
Clare qualified as a solicitor in 2001 after completing her training contract with the firm. Upon qualification she joined the personal injury team. Clare acts on behalf of claimants and has experience of dealing with all types of personal injury claims. She is a member of The Law Society Personal Injury Panel and a member of the Association of Personal Injury Lawyers.
Tel: 01206 217048
Email: csheeran@tsplegal.com