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Commercial Litigation

Litigation is the method used to resolve disputes or claims between individuals and/or companies.

Should you ever find yourself embroiled in a dispute then the Saracens’ litigation team can offer you the advice and assistance you need in making a claim or if you intend on defending yourself from one.

We possess the requisite experience and expertise in negotiating on your behalf and if necessary, issuing/defending proceedings at the High Court or Country Court dependant on the nature and value of the claim being dealt with.

No case is too big or too small and our team is here to guide you every step of the way, ensuring you receive a service tailored to meet your needs.

Saracens can provide a thorough understanding on the different aspects of litigation and what impacts it can have on yourself, your family and your future. Litigation matters require meticulous examination of every issue involved in a claim as they carry great risks (paying the other side’s legal costs should your claim fail). It is often a more appropriate option to resolve matters through mediation and arbitration which is not as costly, nor as time consuming, as litigation can be.

Should you need any further assistance in this regard or feel as though you may have a litigious matter that requires an expert legal opinion then please feel free to contact us.

Please see the menu of further options to the left of this page.

Bob Paxman Chief Executive Talking2Minds

We instructed Saracens’ litigation team in a sensitive matter in the hope that it would be resolved without too much hassle. Continue Reading

March 8, 2016

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Business / Contractual disputes

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Business and contractual disputes can arise in a range of scenarios, including where there has been a breach of fiduciary duty, breach of contractual obligation, consumer disagreement or professional negligence. At Saracens we have the experience and specialist knowledge to protect your position from the outset and resolve disputes in a way which preserves your reputation and commercial relationships with others.

Commercial Insolvency

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Unfortunately, it is not uncommon for businesses of all sizes to find themselves unable to pay their debts as they become due and to experience difficulties in organising their cash flow position. We are able to offer advice on a variety of options available to businesses including administration, company voluntary arrangements, liquidation, and receivership. We will keep the best interests of your business at the centre of our advice at all times. We also have the expertise to offer advice and guidance to creditors of an insolvent party.

Commercial Property

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Our commercial team are experts in advising and representing clients in commercial property disputes including adverse possession claims, landlord and tenant disputes and property litigation. We provide specialist advice and representation to freeholders, leaseholders, landlords and tenants. At Saracens, we consider both the commercial and financial implications of the possible actions available to you and advise you on how to achieve the best results for your commercial needs.

Debt Recovery

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At Saracens, we understand the impact that unpaid debts can have on businesses of all sizes. Our experts can act on behalf of your business to recover debts as quickly and efficiently as possible. We consider a range of options available for recovery and advise you on the course of action which is most commercially appropriate for your business. We also have the expertise to defend clients who are being unlawfully pursued or pressurised into paying debts.

Directors’ and Shareholders’ Disputes

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The Companies Act 2006, articles of association of a company and shareholders agreement (where applicable) set out the powers and duties of its directors and shareholders. Shareholder disputes commonly arise where a shareholder breaches the terms of a shareholders’ agreement. Directors’ disputes often arise where a director has breached one of its duties, such as the duty to avoid conflicts of interest. At Saracens we can provide expert advice on your legal position and negotiate with the other parties on your behalf. Where court proceedings are necessary, we will represent you rigorously and seek to obtain the best possible outcome for your specific needs.

E-Commerce Disputes

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Transactions over the internet often require a great deal trust and confidence between the parties, particularly where international agreements are concerned. When disputes arise in relation to relatively small sums of money, the cost of small claims litigation and arbitration can often exceed the sum in dispute. The process of mediation is a cost-effective and relatively speedy way of reaching a settlement between the buyer and seller. At Saracens, we have the expertise to provide guidance and support throughout the mediation process and will ensure an appropriate settlement is reached

Media and Intellectual Property

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Our experienced media and intellectual property lawyers have got your corner on all matters of copyright, patents, trademarks, design rights, data protection, regulation of media and reputation management. Whether you have a dispute or a great new idea our expert advice will ensure you are properly protected.

Partnership Disputes

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A partnership is formed where there is a relationship between two or more people carrying on a business together with a view to profit. Complex rules must be considered in determining whether a partnership has been formed. Partnership disputes commonly arise where the partners are seeking to expel one of their number or where a partner wishes to retire. Disagreements can arise in relation to the ownership of assets, payment for the outgoing partner’s share or restraint of trade clauses. At Saracens, our specialists can provide you with advice and guidance from the early stages of the dispute through to litigation where necessary.

Resolution and Mediation

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It is often in the commercial interests of a business to reach a swift resolution to disputes as soon as they arise. This helps to minimise the impact of the dispute on the business’ reputation and commercial relationships with others. At Saracens, our commercial team are experts at identifying the most appropriate method of dispute resolution for your circumstances and achieving the best outcome possible for your business needs. Methods that may be used include negotiation, mediation, arbitration, adjudication, expert determination or early neutral evaluation.

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