Commercial Disputes
Where relations have completely broken down and legal action is needed, our litigation team is up to the task and will work hard to get the result you need against adversaries local and beyond. We are recommended not only by our clients and contacts, but also by other solicitors that we’ve dealt with.
We face regional and city firms daily and prove that we are at least equal to them in everything but price: we strive to do so in a cost effective and realistic way, that ensures our clients are not disappointed either by the results or the cost. If our clients have a claim that isn’t likely to be successful, we tell them before they are too committed to withdraw.
Different problems and different clients require different strategies, some simple and some complex, and consideration of different funding options and capabilities. We know what strategies to deploy and when to deploy them, in all means of resolution, from negotiation to appeals to the higher Courts.
Litigation always requires immediate action and reaction – we work quickly and will put in the hours required to achieve the necessary result, and always aim to update our clients on any important developments on the same day that we discover them.
If you need help, contact us with details of what you need and see if your problem can become ours.
To find out more about how we can advise you on commercial disputes, please fill in our contact form, or phone our Truro office on 01872 241414.
Winding Up & Insolvency
Insolvency options
Our commercial law team can advise on insolvency matters and the options available, which include:
- Negotiating an informal agreement with creditors
- CVAs
- Administration
- Receivership
- Winding up
We take the time to understand a businesses financial situation, possible strategic options for the future and advise on the best direction to go forward.
Disputed Debts
In situations where there is a disputed debt during winding-up or insolvency, our commercial solicitors can offer you clear advice as to your position. When it comes to winding-up proceedings, with a few exceptions, the general rule is that it is an abuse of process to commence proceedings if there is a genuinely disputed debt.
For all petitions where the debtor asserts a dispute, the court must examine the nature of the dispute and adjudicate on the matter. There must be a valid ‘debt’ – a liquidated sum of £5,000 or more, which is due and owing to the petitioning creditor(s).
If your business is facing insolvency and you believe you have genuine grounds to dispute a debt, we will make an application to the court on your behalf to decide on the issue.
To find out more about how we can provide advice in situations involving insolvency, please fill in our contact form, or phone our Truro office on 01872 241414.
Landlord & Tenant Disputes
We can provide legal advice and representation to landlords and tenants in a commercial dispute situation. Our litigation team has years of experience of working with commercial landlord and tenants, working through disputes quickly and cost-effectively and preserving relationships between the parties wherever possible.
Common types of commercial landlord and tenant disputes
The commercial landlord and tenant relationship can give rise to many different types of disputes, including;
-
- Commercial Rent Arrears Recovery (CRAR)
- Business tenancy renewals under Part II of the Landlord and Tenant Act 1954
- Property damage and dilapidations, during and after the termination of a tenancy
- Breach of covenant and forfeiture, by re-entry or Court proceedings
- s146 Notices
- Service Charge disputes
- Consents, and refusal to grant consents
- Possession claims
- Misrepresentation, including of accounts
At Nalders, we can provide expert legal advice on all these areas. Not only do we explain what the law is relating to your situation, we will work out a clear strategy to ensure the dispute is resolved quickly and your desired outcome is reached.
We have offices in eight convenient locations around Cornwall; two in Truro, St Austell, Falmouth, Newquay, Camborne, Helston and Penzance. Allied to our deep knowledge of the local area, our solicitors have long-term relationships with local bodies and expert witnesses, who can provide additional assistance to our clients when required.
Value for money
We aim to resolve landlord and tenant disputes in the most cost-effective way possible. It is rare that disputes ever reach court; where possible, we use alternative dispute resolution, including mediation, negotiation, and round-table meetings, to bring disputing parties together to reach an agreement. These methods of dispute resolution have been proven to provide effective solutions and the best chance of preserving the landlord/tenant relationship.
To find out more about how we can advise you on landlord and tenant disputes, please fill in our contact form, or phone our Truro office on 01872 241414.
Enquire
Latest News
Nine common mistakes in debt recovery
Debt recovery is often a delicate balancing act for any business. You must ensure your business is protected from bad debts, however, you do not want to jeopardise a good business relationship by mishandling a disputed debt. ‘If you take the wrong action, miss...
Legal considerations when using AI in your business
Are you already using or considering using AI (artificial intelligence) in your business; whether in the form of product delivery to your customers or clients, or to help in the day-to-day administration of your business? AI is fast becoming an accessible and often...
Why your social media contest needs clear terms and conditions
Social media contests have become a popular way for businesses to engage with existing customers, drive up new user participation, increase brand visibility and to foster new sales through marketing data and analysis. However, running a successful campaign requires...