Commercial Litigation | Debt | Solicitors fees
Judicial Review | Probate | Share agreements | Business
Commercial litigation and private actions
If you are owed money, or you are defending a claim against yourself and/or your business or organisation, we offer sensible and practical advice that seeks to ensure the best possible outcome for you.
We will advise whether litigation should be commenced and when it is, we will constantly monitor the litigation in respect of expected outcome, risk to the business and commercial viability. It may simply be that the prospects of obtaining a judgment are good but the opponent has no funds.
We know that litigation is not only about the recovery of money, it is also about copyright, market position or reputation – all crucial to your business.
Timing is critical and sometimes prompt action can prevent a situation getting out of hand. Proceedings can be commenced at short notice and served anywhere in the country. We have access to barristers for those cases that have a high value and are complicated, and are careful to only use barristers who are able to respond promptly and provide practical advice.
Relief against forfeiture of business premises
Forfeiture is the ending of a tenancy before the term of the lease expires. This can occur as a result of perhaps a commercial tenant failing to pay rent due to a slowdown in business, or a breach of lease where the tenant, for example, shows disregard for the lease conditions and illegally sub-lets the property.
There are in essence two ways a lease can be forfeited, either by peaceable re-entry or via court proceedings.
However, under Section 146 of the Law of Property Act 1925, a tenant may apply to the court for relief from forfeiture.
We can help tenants or landlords who may find themselves in this situation, so please get in touch with us in the first instance.
Personal Guarantee enforce-ability and disputes in relation to private company debt
If you have concerns regarding a personal guarantee you have provided for a creditor or bank, or are in the process of having the guarantee you provided called in, please do contact us to see if we can help. As one of our areas of expertise, we can help guide you through the legalities to help you achieve the most equitable outcome possible hopefully avoiding drastic situations where a director’s property is sold or they are declared bankrupt.
We can also examine whether you have been a victim of economic duress, misrepresentation, breaking duties of good faith, bare promises, prescription or even errors.
Charges over domestic property to secure private company funding
‘Second charge mortgages’ are so-called because they have a ‘secondary priority’ behind your main (or first charge) mortgage. They are in essence a secured loan using the borrower’s home as security. They are an alternative method of raising money compared to straightforward re-mortgaging.
However, while the rules have become stricter over the past years in relation to affordability and evidence of affordability, there are some things that you need to be aware of before you either apply or more-importantly, commit to a second charge.
We can help you with all aspects relating to second charge mortgages whether setting one up or helping you with any aspects of an existing second charge that you might currently be having difficulty with.