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Litigation

Key considerations when preparing your business for a dispute

Sunday, January 6, 2019

Whether you are seeking to take legal action against another individual or a business or alternatively you are responding to legal action commenced against yourself or your business there are a number of key considerations to contemplate before instructing solicitors.

First and foremost, it is important to identify the key documents and individuals within your business which can provide context to the dispute and will support your position. The key individuals should then spend some time prior to meeting a solicitor writing down their version of events in summary form. This is an extremely valuable exercise as these summaries will go on to form those individual’s Proofs of Evidence which if the matter progresses to trial will form the basis of witness statements supporting your position in the dispute.

Taking a proactive approach with the key documents and individuals will save time and money for your business.

Another valuable consideration is for the business to pause and reflect on the range of outcomes that could arise in the dispute. From the claimant’s perspective, the majority of commercial disputes seek a remedy of damages to place the injured party in the position they would have been but for the breach. That said, damages are not the only remedy and it is important to assess before commencing proceedings.

Remedies can be crafted to be bespoke to the facts of dispute but only if the point is considered well in advance of proceedings commencing.

When considering options at before proceedings are commenced it is also worthwhile discussing the possibility of an early resolution to the dispute. This could be via mediation, expert determination or arbitration. From a commercial perspective; resolving a dispute at an early stage aside from saving cost and time can often maintain a business relationship.

Finally, and perhaps the most important consideration is the need to build the right legal team to support your business in the dispute you are faced with.  At Samuel Phillips Law our dedicated Litigation & Dispute Resolution team take a pro-active approach to litigation ensuring that your business is fully supported throughout.  Where appropriate our team will engage with barristers and experts witnesses to ensure that your business receives the best possible support in navigating itself to the outcome which is appropriate to the dispute.

For advice on commercial disputes, please contact reception at Samuel Phillips Law on 0191 232 8451.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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