Duncan McNair Solicitor | Spencer West

Duncan McNair Solicitor | Spencer West

All hours: 07852 416696

Telephone: 020 7925 8080

(please mention Duncan McNair when calling)

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Resolving Business Disputes

Wherever you turn in the commercial world, there is a need for successful working relationships. Business partners, for example, must work in harmony if their venture is to succeed. The same can be said for directors and shareholders, businesses and suppliers, employers and employees, and so the list goes on.

It is hardly surprising, therefore, that on occasion one of these relationships will become acrimonious. In fact, almost all businesses will encounter a dispute at some point. Such issues cannot necessarily be prevented. But often what you can control is the way in which you resolve the dispute.

How to resolve a business dispute

The thing about resolving a business dispute is that the right strategy entirely depends on the circumstances at play. Not all disputes are made equal, and the best approach will vary according to the situation. As they say, one size does not fit all.

For instance, what if a minority shareholder is disgruntled with the company or its directors and wishes to take action? In such cases, it will first be necessary to establish whether there is a Shareholders’ Agreement, and if so, what the available remedies are. If there is no such agreement in place, then a minority shareholder may want to bring a claim on the basis the company’s affairs have been run unfairly, which has prejudiced the minority shareholder.

On the other hand, what if a contractor or supplier believes the terms on which they do business have been breached? If the answers cannot be found in a written contract, the best approach is often to resolve the dispute by way of mediation. This is often successful in reaching a mutually acceptable solution.

Ways to resolve general business and commercial business disputes

There are, therefore, various ways of resolving a business dispute. As explained above, the way to achieve a resolution will depend upon the facts of the case.

Generally, you will first want to consider whether a remedy is set out in a contract. There may be terms and conditions of business, a Shareholders’ Agreement, a Partnership Agreement or other commercial contract that determines what should happen in the event of a dispute. Or a contract of employment might contain terms that cannot be challenged, providing a clear solution to the problem at hand.

If no such remedy can be found in this way, the next step is to consider alternative dispute resolution (ADR). Both mediation and arbitration fall under the heading of ADR, and both can be highly effective ways of resolving a business dispute. It has the added advantage of expediting resolution, limiting legal costs, and can even strengthen (or at least, maintain) working relationships.

If methods of alternative dispute resolution are not successful, the final option will be litigation through the courts. Before you do so, however, attempts should be made to negotiate a settlement. There are ways to do this without one party having to admit fault. If a settlement cannot be agreed, a final ruling will be made by a court or tribunal.

Speak to a solicitor

Resolving a business dispute is no mean feat, as there are many different approaches, as well as many legal complexities to navigate. On top of this, the mechanics of your business may be adversely affected by the dispute, adding to the financial and emotional strain you will already be experiencing.

That is why if you are in the midst of a business dispute, it pays to speak to a commercial dispute resolution solicitor as soon as possible.

If you would like an experienced solicitor to help you resolve a business dispute in a timely and effective manner, please contact me, Duncan McNair, at Spencer West. I will be pleased to discuss your matter in person or by telephone without charge. I have 35 years’ experience as a lawyer acting in such matters.

Make An Enquiry

Please call me now on 020 7925 8080 (all hours call me on 07852 416696) or click here to make an online enquiry.

Make An Enquiry

    Why Choose Me?

    • Over 30 years’ experience acting highly successfully for companies, unincorporated associations, partnerships and individuals;
    • Widely recognised as a leading solicitor in the main branches of commercial litigation in England; and
    • I will direct all of my efforts at gaining the best results for you.

    What Clients Say

    “indefatigable”

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    “We faced an almost hopeless David v Goliath undertaking. Our immense gratitude for an extraordinarily favourable outcome. Even our adversaries were pleased finally to settle amicably. We have great respect for Duncan’s professional approach and positive and kind personality”.

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    “As head of a family tree of UK and overseas companies, I have instructed Duncan McNair as my solicitor on many complex matters of very considerable importance over the past decade. These have involved commercial, corporate, insolvency and property law and disputed estates across Europe. Duncan has proved himself a wholly reliable, committed and highly Read More

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    “Duncan rebuilt and pro-actively drove the case and focused on the crucial points. I wish we had engaged him earlier. A hugely successful result for me, my company and its shareholders.”

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    “I have instructed Duncan McNair over recent years in several inter-related disputes of great importance to my future. I had heard that Duncan took on ‘difficult’ cases. Mine had complex property, commercial and corporate issues. Many individuals, some of high eminence, have been involved and many really tricky aspects have needed attention. Duncan was brilliant Read More

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    “My whole family are very keen to record our appreciation to Duncan. We realised the many problems and dangers in our case. Duncan devised a strategy and led us to a quite wonderful result – miles beyond what we ever thought possible. From start to finish he has been kind, supportive and brave against the Read More

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    “Extremely hard and successful work, well thought through strategy, a far better outcome than we had expected in a very complex situation”.

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    “Duncan worked tirelessly on our case. A highly successful outcome”.

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    “Very reasonable cost for the service being provided. I recommend Duncan without reservation to anybody dealing with financial institutions abroad”.

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    “Without Duncan’s help we would not have received the result that we did. We wouldn’t have stood a chance. A force for good to be reckoned with for which we are extremely grateful”.

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    “We praise Duncan’s hard and highly effective work in our very difficult and challenging case. Constantly attentive and assiduous and willing to help at any time of the day or late evening. The result was far better than I ever expected”.

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    “Extremely successful work in a very difficult case. You have been very reasonable about fees and the result is highly cost-effective”.

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    “You’re very very helpful”.

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    “Please may I thank you and the team for their very considerable diligence and skill in securing me a really excellent outcome from a very difficult situation concerning my property in Cyprus and the very serious problems with my bank and other parties there. Without your constant drive and attention I doubt I would ever Read More

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    “We are very very grateful for what you have done for us.”

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    “You’ve held my hand perfectly throughout. You are our best port of call for all advice.”

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    As Featured In

    Duncan named “Recommended Lawyer” in Legal 500 2019 just published as evidence of his professional skill and successful results. Also named in Legal 500 as “The clients’ champion” and “indefatigable” in helping his clients.

    Click to read more »

    • Home
    • About
      • Why Choose Me?
      • Charity & Social Responsibility
    • Business
      • Banking & Financial Disputes
      • Competition Law
      • Contractual Disputes
      • Debts
      • Resolving Business Disputes
      • Shareholder Disputes
    • Individuals
      • Contested Probate & Disputed Wills
        • Grounds for Challenging a Will
        • Successful Will Defence
      • Medical & Professional Negligence
      • Professional Negligence
      • Property Disputes Abroad
      • Wills & The Effect of Marriage
    • Reviews
    • Blog
    • Make An Enquiry
    • Contact

    Duncan McNair is a solicitor with Spencer West LLP which is authorised and regulated by Solicitors Regulation Authority (SRA Number 555456).

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