Commercial Contract Disputes
Disputes can arise with even the most carefully drafted and detailed contracts. Regardless of what the commercial contract or dispute may be, you can rest assured that our experienced team has probably seen it before and helped guide others through similar issues.
The team has knowledge of various commercial practices within industry sectors such as: automotive, healthcare, steel and manufacturing, building and builders' merchants, technology and financial and professional services. We have particular experience in advising on issues arising from the usual (and sometimes not so usual) form of agreements, the most common of which are:
Business and Share Sale Agreements
Most issues arising from business sales relate to warranty claims, unpaid deferred consideration and earn out provisions where purchase monies are dependent on post-sale performance of the business. It is essential, given the common existence of time limitations, to seek advice on any claim under a business sale agreement as soon as difficulties arise.
Sale of Goods and Supply of Services Agreements
Our clients often seek our advice on domestic and international sale of goods or services arrangements. Our experience of handling claims in the specialist courts, such as the Mercantile and Technology and Construction Courts allows us to deal with all merchant disputes quickly and effectively. So, whether goods or services are of an unsatisfactory quality, unfit for purpose, or simply provided late, our team is well placed to assist.
Agency and Distribution Agreements
Commercial Agents are becoming an increasingly common basis of appointment of individuals or companies that operate to sell goods on behalf of their principals. The application of the legislation, based on directives from Europe, can be highly complex and fraught with difficulties for the unwary when a dispute arises.
Difficulties can arise with distribution agreements in many respects, such as contested exclusivity, the scope of geographical territory, performance and credit issues. The team has been involved in a number of major product recalls.
The security of a franchise network is key to the survival its franchise system. Our team has considerable experience of seeking urgent assistance from the Courts to prevent franchisees from jeopardising the sanctity of the franchise network and causing disquiet amongst its members.
Our team has also been involved in writing articles on franchising matters and giving presentations on franchising issues, including at the invitation of the British Franchise Association.
We also act for franchisees, particularly in relation to franchise mis-selling and operational difficulties. Our experience of regularly acting on both sides of the fence provides a unique perspective and assists in formulating a solid and achievable commercial strategy to protect a party in what could otherwise be a precarious and difficult situation for franchisor and franchisee alike.
Consultancy arrangements are often used as a mechanism for allowing former directors or key personnel to be retained by a business and help ensure a smooth transition between owners following a sale. However, wrongdoing, personalities and differences can all present problems and cause rifts. We can guide you on how to manage those difficulties and advise you on your rights and responsibilities under any consultancy arrangement.