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Litigation & Disputes

Dispute Resolution

 

This page covers our areas of practice in Dispute Resolution, to include;

 

Commercial Disputes

Litigation and other disputes are unwelcome. They are distractions which can seriously affect your business. We aim to resolve these problems for you, with the least amount of fuss.

We will work closely with you to establish what the real issues are. Then we will work out a clear and coherent strategy to achieve the results you need, in the necessary timescales.

W Davies prides itself on fostering strong relationships with all clients. This is especially important in business. It helps us to understand your business better – and it assists you to understand us. This ensures we are able to advise quickly and effectively – saving you time and money.

Disputes come in all shapes and sizes, and are often difficult to classify. You may find more specific advice and help on some of the other pages of this website. Below, you can see some of the general areas of commercial disputes in which we regularly help our clients:

  • Partnership disputes
  • Contractual disputes
  • Director disqualification proceedings
  • Shareholder disputes
  • Negligence
  • Director’s duties
  • Commercial litigation
  • All civil court cases.
 

For more information on Commercial Disputes or to make an appointment with a solicitor in Woking, please contact Andrew Cohen at aec@wdavies.com, or Freddie Lawson at fjl@wdavies.com.

Intellectual Property Disputes

‘Intellectual Property’ is a broad concept limited only by the scope of human endeavour. It should be no surprise to learn that the types of intellectual property disputes or problems arising are equally as wide-ranging.

Intellectual Property is rarely the sole issue in any dispute or protection problem – and accordingly we apply a multi-disciplinary approach to achieve the best practical solution.

We advise on the following areas:

  • Copyright Infringement
  • Passing-off
  • Confidentiality
  • Trademark Infringement
  • Website & Cyberspace issues
  • E-commerce disputes
  • Unregistered Design Rights disputes
  • Software Development disputes
  • Database issues
  • Domain name disputes.
 

We recognise that prevention is often better than the cure and encourage all our clients to ensure they have adequate protection of their intellectual property before a dispute or issue arises. Please see our Intellectual Property & IT pages for further information, or contact David Main at dm@wdavies.com.

For disputes, potential disputes or litigation regarding Intellectual property protection issues, please contact Mark Williams at mw@wdavies.com.

Professional Negligence

Should you have a dispute with your professional advisors, we can help you.

W Davies has expertise in claims against accountants, surveyors and valuers, solicitors and lawyers, architects and structural engineers.

You have already been let down by a professional advisor. Understandably, you may be reluctant to engage another to pursue a claim, especially if that professional was a solicitor. We understand this. However, at the outset, we will consider the merits of the case objectively, and then give you our full and frank assessment of your prospects.

Frequently, the negligent professional advisor has already cost you a great deal of money and/or resulted in significant financial losses to you. For this reason, we try to establish whether the dispute can be resolved without resort to court – either by mediation, or by some other form of dispute resolution.

Quite often, the dispute will include professional conduct issues with the relevant governing body, as well as breaches of contract and negligence. Naturally, we consider these issues as well to help secure the best and most cost-effective solution to the dispute or problem.

Our litigation expertise is enhanced and supplemented by the skills provided by our other specialist departments. For example, our Wills, Trusts & Probate Department (contact Lisa Fay at lf@wdavies.com) regularly acts for estates when administering probate and has built up considerable tax expertise. This is very useful – not only in identifying areas of concern, but also in indicating potential solutions before it is too late.

If you have any concerns with your current or previous professional advisor, please call us for a confidential chat.

For more information about this or to make an appointment with a solicitor in Woking, please contact Andrew Cohen at aec@wdavies.com.

Consumer Problems

Have you purchased goods which are damaged, defective or even dangerous?

Have you received a bad service and feel that you are entitled to compensation, or have your money refunded?

Is the contract unfair?

Have the goods or services you bought over the internet not matched their description?

Is someone claiming they own the car you bought?

Are your estate agents entitled to commission?

These are just some of the problems W Davies advises on. The area of consumer law is highly regulated and impacts on almost every aspect of modern life.

Although the Litigation & Disputes Department regularly advises individuals in respect of their rights, we can also advise businesses in respect of claims brought against them under consumer legislation and related consumer contract disputes and problems.

We give specific advice and assistance in respect of claims involving:

  • Sale of Goods Act 1979
  • Supply of Goods and Services Act 1982
  • Unfair Contract Terms Act 1977
  • Consumer Protection Act 1987
  • Consumer Credit Act 1974
  • Unfair Terms in Consumer Contracts Regulations 1999
  • The Consumer Protection from Unfair Trading Regulations 2008.
 

For more information or to make an appointment with a solicitor in Woking, please contact us.

Debt Recovery

W Davies regularly acts for a number of companies and organisations to help them recover their debts and improve their cash flow.

We recognise that your business – especially in the current economic climate – needs a fast and effective service to recover debts owed to it.

W Davies is not a ‘bulk’ debt collection firm – we pride ourselves in providing you with a personal service and in being able to tailor the debt recovery strategy to suit your particular circumstances and, of course, those of your debtor.

We fully understand and recognise that in some circumstances you have to be careful and discreet in how you pursue some of your debtors – especially if the debtor is an important customer or if you need to maintain a certain kind of reputation.

Our solicitors can also advise you regarding credit control techniques, and dispute avoidance – on the basis that prevention is invariably better than the cure.

If you are concerned about the solvency of your debtor, then please visit our Insolvency section and contact Mark Williams at mw@wdavies.com for further information and guidance.

If you have any debtor or debt recovery issues please call us for a confidential chat. We would be delighted to help you.

For more information about Debt Recovery or to make an appointment with a solicitor in Woking, please contact us.

Mediation

Mediation is actively encouraged by the courts. It is often the most effective way of resolving disputes.

Freddie Lawson, one of our litigation Directors, is a CEDR accredited mediator as well as being Chair of Woking Community Mediation Service. He regularly acts as mediator and conducts numerous mediation sessions throughout the year.

We host mediation sessions at our Woking office; although we are also equally happy to travel to the parties, to the offices of their solicitors, or other neutral premises as requested.

In addition, regularly represent parties at mediation sessions, which feature in relation to all practice areas of our Litigation Department.

For more information about mediation, or to make an appointment with a solicitor in Woking, please contact Freddie Lawson at fjl@wdavies.com.