Commercial Disputes

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 can be a stressful time, not only for the business owner but also for creditors of the business who can no longer cover its liabilities.

 

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.

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Truro | Farley House

Tel: 01872 241414, Fax: (01872) 242424

St Austell

Tel: 01726 879333, Fax: (01726) 67401
Falmouth
Tel: 01326 313441, Fax: (01326) 315971
Newquay
Tel: 01637 871414, Fax: (01637) 879414

Truro | Lemon Street

Tel: 01872 241414, Fax: (01872) 271019
Camborne
Tel: 01209 714278, Fax: (01209) 710437
Helston
Tel: 01326 574001, Fax: (01326) 564547
Penzance
Tel: 01736 364014, Fax: (01736) 364054

Nalders Solicitors is a trading name of Nalders LLP and is a Limited Liability Partnership registered in England and Wales (LLP No. OC354499). We use the term partner to refer to a member of Nalders LLP. A list of the members may be inspected at our registered office: Farley House, Falmouth Road, Truro, Cornwall. TR1 2HX. Nalders LLP is authorised and regulated by the Solicitors Regulation Authority No. 538003. Resolution Accredited Specialist. We will not accept service by electronic mail. VAT Registration No. 131 8555 74