Business Law

Whether you are starting up, already in business, on your own or in partnership or a director of an incorporated company, we at Challenor Gardiner are here to help guide you through the complex legal situations, the law and regulations you are bound to encounter at some point in time.

Landlord and tenant

We act for both landlords and tenants when it comes to leasehold business premises. We can offer sound and sensible advice when things go wrong and the most practical and cost effective way to resolve any problems, such as:

• tenant default
• repairs and dilapidations
• peaceable re-entry and distress
• unlawful assignment and sub-letting
• forfeiture and claims for possession

Civil Dispute Resolution

If you find yourself in a contractual dispute with a supplier or customer, for example, it is usually better to find a solution, which will usually involve some form of compromise, rather than ending up embroiled in litigation, which can be very costly in terms of your time and money. Not only that but you may salvage an important business relationship.

Alternative Dispute Resolution

Wherever possible, you should take advice early to avoid becoming embroiled in costly litigation. We strongly recommend using a method of Alternative Dispute Resolution (ADR) before taking the matter to court. There are many options available, including round table negotiation, mediation and arbitration. There is no guarantee this will settle your dispute, although the success rates are generally high and the courts will expect you to have attempted ADR before embarking on litigation and a failure to consider ADR or partake in it before litigation commences can often result in an adverse costs order, even if the claim succeeds.

Civil litigation

Where ADR is not possible or is unsuccessful in achieving a settlement of the dispute you may then have to commence a civil claim in the County Court, High Court or one of the other specialist courts like to Technology and Construction Court to resolve the dispute. Once litigation begins it becomes costs bearing , meaning, in general terms, that the loser pays the winner’s costs of the proceedings, as well as their own costs.

How we can help you

Settlement

Whatever the grounds for a dispute, our civil litigation solicitors understand it can be daunting and stressful for all involved. We will ensure you are fully informed on the options available and will support you through every step of the dispute resolution and litigation process, including:

• Advising you on the strengths (and weaknesses) of your claim and possible outcomes
• Explaining the likely costs involved of ADR and litigation and your funding options
• Corresponding with the other side to the dispute to advance your claim and grounds for the dispute
• Gathering evidence to substantiate your case
• Attempting to resolve the dispute through ADR before going to court

Court Proceedings

Should negotiations be unsuccessful in resolving your claim we may advise that you commence proceedings and:

• Issue your claim in the appropriate court for service on the other side
• If no response is made within the court’s time frame for filing an acknowledgement or a defence, judgment can be entered in default
• If a defence is filed to the claim then we shall advise you on allocation by the court of the claim to the appropriate track depending on the value and complexity of the claim.
• Attending to case and cost conference hearings at when the court with give directions to the parties on what they each shall provide the other with in terms of documents, exchanging witness statements of evidence, instruction of expert witnesses and costs budgeting setting limits on the amounts the parties can spend
• Obtaining advise from counsel, if necessary, either in writing or in conference on, for example, the prospects of success and the evidence and representing you in court
• Enforcing a judgment in your favour or advising you on an appeal if unsuccessful

Why we can help you

• Legal expertise aimed at achieving the best possible outcome for you
• Pragmatic guidance throughout the ADR and litigation process
• Experienced in bringing and defending civil dispute claims
• Costs advice to fund your case
• The Law Society’s Lexcel V6 accreditation for Practice Management Standards