Litigation & Disputes
This page covers our areas of practice in Dispute Resolution, to include;
- Commercial Disputes
- Intellectual Property Disputes
- Professional Negligence
- Consumer Problems
- Debt Recovery
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
- Director’s duties
- Commercial litigation
- All civil court cases.
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
- 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 email@example.com.
For disputes, potential disputes or litigation regarding Intellectual property protection issues, please contact Mark Williams at firstname.lastname@example.org.
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 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 email@example.com.
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.
W Davies regularly acts for a number of companies and organisations to help them recover their debts. We recognise that your business – especially in the current economic climate – needs the fastest possible, 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.
We will give you frank advice on the ultimate questions which arise in a debt case. The chief of these queries is whether the debtor has any money.
RANGE OF FEES FOR A BUSINESS-TO-BUSINESS DEBT THAT IS UNDISPUTED
Up to £10,000, legal costs are not recoverable at all from the Court. Above £10,000 there are various restrictions on recoverability of costs if you win your case.
|Debt value||Court fee||Our fee (including VAT)|
|Up to £5,000||See HMCTS list||On an hourly rate basis|
|£5,001 – £10,000||See HMCTS list||On an hourly rate basis|
|£10,001 – £50,000||See HMCTS list||On an hourly rate basis|
Anyone wishing to proceed with a claim should note that the VAT element of our fee cannot be reclaimed from your debtor unless you are registered for VAT.
Our fee includes:
- Taking your instructions and reviewing documentation
- Undertaking appropriate searches
- Sending a letter before action
- Receiving payment and sending onto you, or if the debt is not paid, advising you on economic tactics / decisions and perhaps drafting and issuing claim
- Where claim is issued and where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
- When Judgement in default in received, write to the other side to request payment
- If payment is not received in 7 days, providing you with advice on next steps / likely costs
Matters usually take 12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.
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 firstname.lastname@example.org for further information and guidance.
For more information about Debt Recovery or to make an appointment with a solicitor in Woking, please contact us.
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 email@example.com.