W DaviesLoading ...

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 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

Background

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

Court Claims

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 mw@wdavies.com 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

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.

Contact us to ask about our dispute resolution services

Select Personal or Business? *
Select Personal or Business? *
Personal
Business
THIS WEBSITE USES COOKIES

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. You consent to our cookies if you continue to use our website.

Privacy Policy | Cookie Policy

Essential
Analytics
Advertising
Personalisation
  • Overview
  • Essential [19]
  • Analytics [4]
  • Advertising [3]
  • Personalise [0]
  • Other [0]

Cookies are small text files that can be used by websites to make a user's experience more efficient. The law states that we can store cookies on your device if they are strictly essential for the operation of this site. For all other types of cookies we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

You can at any time change or withdraw your consent from the Cookie Declaration on our website. Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy. Please state your consent ID and date when you contact us regarding your consent.

Essential cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Cookie Provider Info Duration
amplitude_id_dc1ea89f36525f97c2d3ca51c781bf54_mindbody_branded_webbwebsmart_co_ukUnknown24 Hours
mp_a36067b00a263cce0299cfd960e26ecf_mixpanelUnknown24 Hours
BIGipServerZebedeeUnknown24 Hours
_hjTLDTestUnknown24 Hours
_hjIncludedInPageviewSampleUnknown24 Hours
_hjAbsoluteSessionInProgressUnknown24 Hours
_dc_gtm_UA-74945071-1Unknown24 Hours
_gat_UA-74945071-1Unknown24 Hours
_hjFirstSeenUnknown24 Hours
wordpress_sec_%WordPressThese cookies help us keep you logged in to our site.Session
wordpress_test_cookieWordPressSet by WordPress to check if the cookies are enabled on the browser to provide appropriate user experience to the usersSession
wordpress_logged_in_%WordPressWordPress sets this cookie to indicates when you’re logged in, and who you are, for most interface use.Session
wp-settings-%WordPressUsed to customize your view of admin interface, and possibly also the main site interface1 Year
wp-settings-time-%WordPressUsed to customize your view of admin interface, and possibly also the main site interface1 Year
bcookies_acceptanceb:cookiesUsed to store your cookie preferences for this site2 Years
bcookies_acceptance_updatedb:cookiesIndicates that the users cookie selection has been updatedSession
wp-saving-postWordPressUsed to help with the saving of content in the WP backend admin24 Hours
tk_tcJetpack/WooCommerceStore the user's usage history.Session
intercom-id-%IntercomAllows visitors to see any conversations they've had on Intercom websites.9 Months

Personalisation cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Cookie Provider Info Duration
We are not using cookies of this type at the moment!

These cookies gather anonymous information such as how many people are using our site or which pages are popular to help us improve customer experience. Switching off these cookies will mean we can’t gather information to improve the experience.

Cookie Provider Info Duration
_gaGoogle AnalyticsUsed to store a unique client identifier ID (randomly generated number) that is used to generate statistical data on how the visitor uses the website.2 Years
_gidGoogle AnalyticsUsed to store a unique client identifier ID (randomly generated number) that is used to generate statistical data on how the visitor uses the website.24 Hours
_gat_gtag_%Google AnalyticsUsed to set and get tracking data24 Hours
_hjidHotjarSet when the customer first lands on a page with the Hotjar script.24 Hours

Advertising cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

Cookie Provider Info Duration
__adal_caAdalyserUniquely identifies a user and persists long-lasting information about their behaviour on the site.2 Years
__adal_idAdalyserUniquely identifies a user and persists long-lasting information about their behaviour on the site.2 Years
_fbpFacebook24 Hours

Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

Cookie Provider Info Duration
We are not using cookies of this type at the moment!