Practice area
Commercial disputes
Negotiation, mediation and litigation of business disputes, with an honest estimate of cost and odds at every stage.
Who calls us about this
Businesses and owners facing a claim, a threatened claim or a counterparty that has stopped performing.
A dispute is expensive in three currencies: money, time and attention. Our work is to reduce all three, usually by settling on terms you would have accepted at the start, and to fight properly when settlement is not available.
Every disputes matter begins with a written assessment. It tells you what we think the case is worth, what it will cost to pursue or defend, how long it is likely to take, and the points on which we could be wrong. Then you decide.
01What we handle
- Contract and shareholder disputes
- Debt recovery and enforcement
- Professional negligence claims
- Mediation, arbitration and settlement
- Pre-action correspondence and protocol
- Urgent injunctions and interim relief
02Typical matters
Described in general terms. Details are changed and no client is identifiable.
Withheld payments under a services contract
A supplier was owed a large final invoice that the customer disputed in vague terms. A precise letter, a without-prejudice meeting and a short mediation recovered most of the sum in ten weeks.
Shareholder dispute in a family company
Two branches of a family disagreed on dividends and succession. We negotiated a structured buy-out that preserved the business and the relationship between cousins.
Defending a claim for lost profits
Defended a distributor against a large damages claim. Early expert analysis of the loss figure reduced the realistic exposure to a fraction of the claim and led to settlement.
Urgent order to protect confidential information
Obtained interim relief within two days after a departing contractor copied a client database.
03How we work
An early assessment
We read the documents, set out your best case and the other side's best case, and give a candid range of outcomes and costs.
Make the first move count
Most disputes are won or settled by the first well-judged letter. We draft it carefully and agree the tone with you.
Keep settlement open throughout
At each stage we revisit whether a negotiated outcome is now better than continuing, in writing.
Litigate when it is the right tool
If proceedings are needed, a partner runs the case, with a staged budget and a review at each stage.
04Our approach to fees
Disputes are billed by the hour against a stage-by-stage written estimate, because the other side controls the pace. We give a realistic range, not a hopeful figure, and set review points where you can stop. For a defined step such as a letter before claim or a mediation, we offer a fixed fee.
05Questions we hear
What is the cheapest way to resolve a dispute?
Usually an early, well-supported negotiation. Mediation commonly resolves a majority of the cases that go to it, at a fraction of the cost of a trial, but it works best when each side has a clear view of its position.
Do I have to go to court?
Not usually. Most disputes settle. We prepare each matter as if it may go to a hearing, because that is what makes settlement credible, but you decide how far to go.
General information only; the answer in your case depends on the documents and the jurisdiction.
06The team
07Related insights
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Before you sign a settlement: five questions
A settlement ends a dispute and usually your right to revisit it. Five questions to ask before you sign.
Rohan Vale 4 min read EmploymentCommercial disputes
Talk to the commercial disputes team.
Matter, a few lines of detail, how to reach you. We check for conflicts and reply within one business day. The first conversation, up to thirty minutes, is free.
Sending a request does not create an attorney-client relationship.