Dispute Resolution

Dispute resolution is a practical approach to settling disputes without resort to the much more expensive and time-consuming path to the courts. With our extensive experience of mediation and our access to many Thames Valley mediators, dispute resolution by agreement of the parties (usually called, “alternative dispute resolution”) is an approach that we would favour for all but the most intransigent cases.

For a free initial consultation please call 01753 592 000

DISPUTE RESOLUTION

Our dispute resolution team is direct, pragmatic, no-nonsense and client-friendly. We start by giving prospective clients a free half hour consultation where we obtain the facts of the dispute, provide a frank assessment of the merits of the case, set out the options available to them, advise on the best way to proceed and give an opportunity to discuss likely costs. Such transparency from the outset allows our clients to make informed decisions about their proposed objectives.

Services

As business you are continually entering into contractual agreements. The success of that business will almost always rely on those contractual obligations in order to remain successful. Where the other party has refused to financially discharge their obligations, our team at Fitz can assist you from all matters relating to debt recovery including:

  • Track and trace services
  • Pre-action protocols
  • Settlement agreements
  • Claims with the County/High Court
  • Enforcing judgements obtained
  • Liaising with 3rd parties such as bailiffs and high court enforcement officers

We aim to resolve issues as amicably and financially appropriate as possible. Where we believe a matter has insufficient grounds for court applications, we will not pursue these at a cost to you for the sake of it.

We understand the stress that litigation to recover costs can bring and aim to work quickly and efficiently to ensure we secure the best deal available to you based on your business.

Call us today to arrange a free consultation to discuss how we can help you and your business recover what is entitled.

Contractual disputes do not always arise from failure to pay for goods/services. Disputes can arise from a various range of issues such as a party’s failure to meet restrictive covenants, failure to achieve the timeframe agreed, receiving unfit goods/poor service and a breach of confidentiality.

We understand the impact such breaches can have on your business and are highly experienced in dealing with commercial contractual disputes in an expedient and cost efficient manner whilst considering your commercial standing at all times.

We can assist with:

  • Preparing letters before action
  • Preparing cease and desist letters
  • Submitting claims to the Court
  • Attending mediation
  • Drafting settlement agreements

If you are facing a contractual dispute, call us today to arrange a free consultation to see how we can assist you and your business.

Whether your business is facing a construction or engineering dispute we can assist with:

  • Professional negligence claims against architects, engineers, quantity surveyors
  • Advice on building contracts
  • Defective works
  • Drafting and reviewing Terms & Conditions
  • Pre-action protocols
  • Adjudication and Mediation
  • Breach of contract
  • Settlement Agreements
  • Claims in the High Court

We understand that the construction business relies heavily on the requirement of all the parties in a development to work as harmoniously and seamlessly as possible. Where there is a dispute we will always try and advocate settling the matter. Where this is not appropriate, our experienced team will be able to assist in representing you in court in a cost-efficient manner.

Call us today to discuss any construction disputes you may be facing in more detail.

A fiduciary duty is commonly owed by partners, directors, solicitors, trustees and agents. A fiduciary duty is a duty of trust and confidence and involves a party acting on behalf of another party. Some duties are imposed under statute such as director’s duties under the Companies Act whereas some arise under common law.

The most common breach arises from a breach of a director’s duties. Director’s duties are set out under Chapter 2 of Part 10 of the Companies Act 2006 and include duties to:

  • Act within powers
  • To promote the success of the company
  • Exercise independent judgement
  • Avoid conflicts of interest
  • Not to accept benefits from third parties
  • To declare interest in proposed transactions or arrangements

Whether you may facing a claim of breach of your fiduciary duty or seeking to bring a claim we can assist you in explaining your obligations, advising on consequences of the breach, advising on remedies (including voiding transactions) and dealing with indemnities and insurance.

Call us today to arrange a free consultation to see how our highly experienced commercial team can assist.

As a business, you often require the services of third party professionals to ensure the successful and seamless operation of your company. Unfortunately, sometimes the professional can fail to meet its obligations as required.

Professional negligence claims commonly arise from:

  • breach of contract
  • breach of statutory duty
  • breach of fiduciary duty

We understand the ramifications this can have on businesses and our experienced solicitors work diligently and expediently to ensure the breach is remedied with as little impact to your company as possible.

Call us today to arrange a free consultation to see how we can help you and your business.

As a business, you are bound by inalienable consumer rights. It is essential to be aware of your liabilities to prevent potential costly and commercially detrimental claims being brought against your business.

Our team is highly experienced in dealing with claims arising from:

  • unfair trading regulations
  • aggressive practices
  • misleading information
  • sale of goods
  • supply of services
  • supply of digital content

to ensure your compliance with statutes we can assist with:

  • advising of your rights and obligations under the Consumer Rights Act 2015
  • drafting and reviewing on premises terms and conditions
  • drafting online terms and conditions
  • off-premises terms and conditions
  • drafting and reviewing distance terms and conditions
  • drafting, negotiating and reviewing consumer contracts

Call us today to arrange a free consultation to see how we can help protect your business’ future.

Let us call you back

If you require legal assistance and would like someone to call you to discuss the issue, complete your information in the online enquiry form here and one of our solicitors will be in touch with you to tell you how we can help.

Alternatively you can contact us on 01753 592 000

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    Cameron KinrossDispute Resolution