Moody & Woolley

Established in 1846

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Services > Business Law Services

Resolving disputes

Virtually all businesses will need to resolve disputes of some nature from time to time.

They may be perceived as a minor irritation but in more serious cases they can severely disrupt cash flow, the ability to win future contracts and affect the reputation of your business within the wider business community.

Our dedicated team provide realistic advice on the options available to resolve the matter; via mediation, arbitration, negotiation or litigation. We then pursue the appropriate course of action to resolve the dispute in the most cost-effective way. Wherever possible, we avoid the disruption and costs of litigation by encouraging parties to mediate or negotiate a settlement before the case reaches court.

We aim to resolve your disputes and bring them to a successful conclusion but, when required, our services extend to providing full representation in the courts, at tribunals, inquiries (including public inquiries) and arbitration hearings.

Debt recovery
We can help your business maintain cash flow by providing debt recovery services and pursuing debtors on your behalf. From recovering a single debt to dealing with all your debt recovery work we aim to recover unpaid debts quickly and cost-effectively, but always with a view to protecting the business relationship between clients and their debtors.

Disputes with customers and warranty claims
Our specialist staff can advise on consumer or sale of goods legislation and how it affects manufacturers, wholesalers and retailers for all aspects of current consumer legislation, rights and remedies, including warranty and guarantee claims.

We can also review the contract terms and conditions you have in place to ascertain the rights of all parties involved and, where required, represent your business to resolve any disputes with customers.

Fiduciary duty claims
Company Directors and Officers may face a range of potential legal actions in the course of carrying out their duties; from allegations of breach of trust to neglect, omission, libel, slander and wrongful trading. Equally, prosecution may sometimes be required against former employees where their actions have involved a breach of their fiduciary duties at the time they were employees.

In either event, we can review the situation for the business involved and provide advice on the potential for liability. If required, we can assist with any subsequent investigation or prosecution, including recovery of funds or tracing of assets.

Contentious Probate issues
We can assist you in obtaining your rightful entitlements once a person has died and will advise you of your rights to make an application under the Inheritance Rules where appropriate.

Insurance matters
We can act for either claimants or defendants for insurance related disputes, including giving advice on the scope for negotiation or mediation.

We strongly recommend businesses take a proactive stance on insurance matters and review any potential liability; taking appropriate action to mitigate any claims. Alternatively, insurance cover should be considered to cover the liability - our services extend to reviewing your situation, explaining what is required and arranging cover, where requested.

Partnership disputes
We can assist with disputes in partnerships with or without a formal written partnership agreement. We can review the Partnership Deeds to examine the terms originally agreed and any subsequently amendments, before providing advice on the most practical way forward to deal with any dispute.

Where the Partnership dispute cannot be resolved we can provide assistance to dissolve the partnership without involving court action.

Landlord and tenant disputes
Our team can advise on all aspects of property litigation. This includes the granting of new tenancies, claims against tenants, claims on behalf of landlords including service of statutory notices, quitting of premises and statutory compensation claims.

We also handle mortgage related disputes, forfeiture of leases, boundary disputes (including dealing with rights of way and other easements) and arranging processes for the removal of trespassers from land.

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Moody & Woolley are registered in England & Wales.
Registered office address: 40 St Mary’s Gate, Derby DE1 3JZ.
SRA no: 52425 VAT no: 865 3592 89
Authorised and regulated by the Solicitors Regulation Authority (SRA).

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