Commercial Litigation
Mortgage Litigation
Professional Negligence
Construction Disputes
Property Litigation
Judicial Review
Debt Recovery
Mediation
Are business disputes damaging your business?
When dealing with commercial litigation, clients require speed, efficiency and an understanding of commercial risk. We will take time to understand your business needs and devise a litigation strategy that best suits you.
The commercial litigation team represents commercial clients in all types of contentious matters. We will advise on breach of contract claims, injunctions required to secure business interests such as intellectual property and confidential information, board room disputes concerning directors and shareholders rights, obligations and economic tort claims such as interference with business.
The team conducts litigation in arbitrations, the County Court and the High Court. We have experience of international disputes in addition to UK claims and will travel abroad if required, to handle your international affairs.
We pride ourselves on our accessibility and our collaborative work with colleagues in other departments which often assists us in obtaining a special focus or angle on a problem. We place emphasis on good IT support. We regularly handle cases which are heavyweight both by their value and by the volume of the paperwork they generate.
Have you lost faith in your professional advisors and need someone you can trust?
We handle a wide variety of disputes against various professionals, including claims against architects, solicitors, accountants, surveyors and valuers. In this area we specialise in acting for mortgage lender clients.
A particular area of expertise is dealing with claims against solicitors, for example where an error has been made by solicitors in terms of the advice which they have given to clients or documentation which has been incorrectly drawn up.
We appreciate that in this area of work, clients have already been let down by their professional advisors. We therefore seek to guide our clients carefully through the process of assessing whether negligence can be established and obtaining the appropriate expert evidence. We advise how to mitigate losses and where possible take steps to attempt to rectify the error which has been made.
In appropriate cases we encourage resolution of these disputes by alternative dispute resolution such as mediation, since we recognise that it can be extremely stressful for a client to be in dispute with their professional advisers.
We have recovered substantial compensation on behalf of clients both at trial and by way of settlements. We have been able to achieve a satisfactory outcome even in cases where there are limitation or causation issues, by negotiating the best possible terms for our client with the professional’s insurers or their solicitors.
We always endeavour to approach these cases in a practical way, encouraging early resolution of the dispute wherever possible. We present our client’s case to opponents in the strongest possible terms, whilst at the same time providing our clients with realistic advice as to the prospects of success.
Is your craftsmanship in question, or have you suffered as a consequence of defective work?
Has the work contracted for not been carried out to time or price?
We handle a wide variety of disputes and claims in the area of construction law, ranging from large commercial disputes valued in terms of millions of pounds to small disputes on behalf of individuals.
Our work in this area includes taking litigation disputes through the court system, as well as undertaking adjudications and arbitrations in accordance with relevant clauses in building contracts. We also seek to resolve disputes by mediation wherever possible.
The disputes we deal with include claims for loss and expense as well as other types of claim arising from construction contracts. We have advised on a wide range of issues arising from the interpretation of building contracts, unlawful termination of the contract itself, disputed variations claims as well as “quantum meruit” claims.
We endeavour to handle each dispute by a careful analysis of the matters in dispute so that we can reach an early assessment of the likely merits of both claim and counterclaim. We seek to apply a ‘hands on’ approach and understand the commercial reality of each individual dispute.
We work closely with surveyors, quantity surveyors and other appropriate professionals who are able to act as experts in each case. We maintain close relationships with specialist construction law barristers from Chambers in London such as Atkins Chambers and Keating Chambers and can call on them when their involvement is required.
Our property litigators work closely with our property lawyers handling varied caseloads for commercial clients, including Housing Associations, property management companies, property investors and private individuals.
Acting on behalf of both landlords and tenants of commercial property the team undertakes contentious matters arising out of breach of covenants, termination of leases (including dilapidation claims) and lease renewals, whilst for private landlords we sue for rent arrears and to recover possession as well as dealing with boundary and other land-related disputes such as rights of way or covenants.
We have considerable experience in taking emergency action to remove squatters.
Our clients benefit from the extensive network of contacts in the property field that we have built up over the years to whom we can refer as necessary for expert evidence.
We have also developed close links with specialist barristers’ chambers.
Are you unhappy with a decision made by a public body which affects your interests? Do you believe that body has not acted fairly towards you?
Judicial Review involves challenging the decisions of public bodies and quasi public bodies, such as the NHS, governing bodies of professionals (such as the Royal Institute of Chartered Surveyors) and planning tribunals. At a time when Government regulates the activities of individuals and businesses more than ever before, we find ourselves taking on applications for judicial review more and more frequently.
Some of our clients are involved in lobbying as part of the legislative process so our understanding of many of the issues is ongoing and up-to-date.
We have handled cases involving some of the most important principles in legal life, such as the right to life. We acted for an Intervener in the Court of Appeal in the Lesley Burke case in 2005; we have advised on the impact of the guidance and processes laid down by professional bodies, including the British Medical Association and the Human Fertilisation and Embryology Authority; we have acted for some who have fled to this country and for others who have suffered persecution in their normal place of residence. We have represented professionals in disciplinary proceedings brought against them by their professional bodies.
We are not afraid to assist you in seeking to curb executive, legislative or corporate power where you need to do so. In every contentious matter account is taken of the implications of human rights law. When bodies with a public role regulate but fail to follow their own rules or to act in accordance with principles of fairness and natural justice we will help you seek an appropriate remedy.
Our clients value the detailed time and attention we give to them and the relationship that inevitably develops in cases in this area which are often complex and require many months’ work.
Contact:
David Foster – 01483 562901
Cash is the life blood of every business. Without it a company is likely to fail.
Getting in your outstanding debts is vital. Can we help?
Our Debt Recovery Department, based in Guildford, handles a wide variety of debt recovery claims for corporate clients, from PLCs to professional partnerships and sole traders, as well as individuals. We know that debts need to be collected quickly and efficiently to ensure our clients’ businesses do not suffer. We know prompt initial action produces results and therefore all debts submitted or instructions received will be processed and actioned within 24 hours.
After an appropriate letter before action or service of a statutory demand to initiate bankruptcy or liquidation of the debtor, we issue proceedings with all speed. Our Guildford office is situated close to the Courts (both the County Court and a Division of the High Court), and the Courts are visited daily by our litigation lawyers enabling judgments to be obtained quickly.
After judgment, we will discuss the most appropriate method of enforcement with you which may include instructing the sheriffs to recover goods or obtaining attachment of earnings or charging orders.
Where cases are defended, we will advise on the economics of pursuing the recovery through the Court and keep you up to date with the level of costs being incurred throughout the action. We shall carefully advise you on the legal issues involved in any defence.
Regular reporting on the progress of each debt, in a form to suit you is a key part of our service. Our system is flexible and the recovery process can be stopped at any stage if agreement with a debtor is reached.
We have an extensive network of enquiry and service agents throughout the UK, as well as abroad, to assist us in the service of proceedings and the Court process. We do handle debts where foreign jurisdiction is an issue.
In addition, we take a pro-active role in advising our clients to avoid bad debts with their credit control procedures. We will work with them to ensure that their terms and conditions of business are well drafted and meet the business needs. We also provide credit-rating checks and seminars for directors and credit control staff.
Contacts:
Ted Dancey - 01483 562901
Would you like to resolve your dispute as cheaply and speedily as possible?
You need to consider using the services of a Mediator?
Barlow Robbins LLP is a member of the ADR Group, one of the country’s foremost mediation providers, and partner David Foster is an experienced mediator with a national reputation. David’s record as a mediator is excellent: Of the mediations in which David has mediated settlement has been reached in more than 90% of them.
The disputes referred to us to mediate are many and varied. They have included large construction cases where clients have alleged negligence against both contractors and their professional advisers; disputes as to the quality of goods; cases involving breach of competition covenants; disputes over the quality of educational services provided; resolving arguments over gifts of capital after relationships have split up; inheritance disputes; landlord and tenant claims, including dilapidation issues and boundary disputes, often where rights of way are involved.
In our view, and that of the Courts, mediation is an excellent way of resolving disputes. By using a mediator from Barlow Robbins LLP you are guaranteed that you will be using someone who will be utterly committed to reaching a settlement of the dispute. Our success rate shows the tenacity with which we achieve that aim.
We understand that clients wish to use mediation as a quick and easy way of settling a dispute. Accordingly, we are able to provide a mediator at short notice. We will hold the mediation meeting wherever it is most convenient and helpful to hold it.
Confidentiality as to the dispute and our role in it is assured. The cost of the mediation will be agreed in advance. Most mediations are accomplished within a day.
Our mediators are creative in the solutions they may propose to settle a dispute being able to make suggestions which a judge would not be able to order. Mediation can enable the parties to a dispute to reconcile their differences, possibly even salvaging a business relationship to their joint advantage.
Contact:
David Foster – 01483 562901
