Is the dispute worth it?

Free Legal Cost Benefit Analysis Report for your business dispute.
Before you start to complete the template and upload the relevant documents – please read the following carefully.

  1. This service is only available for business disputes.
  2. The Report is prepared after a limited review of a small number of papers. Its objective is to give you an early assessment of the case so that you can decide whether to deal with it yourself going forward or instruct us on a proper basis so that a detailed assessment with full legal advice can then be provided.
  3. If you have received Court papers because your business is being sued, various key timetables are already running. Using this service in such circumstances is not advised as you need to take urgent steps to protect your position. We suggest you call us and speak to one of our Dispute Resolution team to arrange a meeting. We will advise you of the cost of that meeting when you make the appointment.
  4. You need to be selective about what documents you upload and what information you provide. The system will not let you upload e.g. hundreds of documents/emails.

To assist – some guidance is provided below:

Business Contract disputes

A copy of the signed dated contract with the relevant terms and conditions is the key document. Sometimes you might only have a Purchase Order or Sales Invoice. Sometimes it is a lot more informal and the contract is in reality an exchange of emails. If there is nothing in writing because it was a verbal contract, then set out who said what to whom when and where and whether anyone else was there who can confirm what was said. Key emails or letters will be those that (a) confirm what you or the other side believed the contract was prior to things going wrong and (b) set out what you said to the other side when it started to go wrong and what they said to you. Also any settlement offers made by you or received by you, even if not accepted.

When providing the brief summary of events – the key information includes:

  1. Who you believed the contract was with.
  2. What documents you believe form the contract.
  3. The value of the contract and whether any part of it has been performed and paid for.
  4. A brief explanation of what the contract was for and what has gone wrong.
  5. Whether the other party is still trading/solvent and
  6. What you are hoping to achieve.

Business Property Disputes

A copy of the Land Registry Title for the property or the Lease if it is a business Landlord and Tenant issue will be the key documents. You might also have a separate contract or Rent Deposit Deed. It might relate to repairs and/or dilapidations in which case you may have a Schedule of the works needed. Pick out the key emails or letters relating to the dispute.

When providing the brief summary of events – the key information will include:

  1. Who the dispute is with
  2. A brief explanation of what the dispute is about
  3. Whether there is any one else in actual occupation and the basis for them being there.
  4. What the other side are saying are the key issues.
  5. Whether the other party is still trading/solvent and
  6. What you are hoping to achieve.

Intellectual Property Disputes

These will relate to arguments that e.g. your copyright has been infringed; goods looking very much like yours in terms of packaging and name are being marketed by another company causing confusion in the market place; your logo or name is being used by someone else.

The key documents will be copies of your trademark/copyright registrations. Examples of the types of thing the business you are complaining about is doing to cause confusion as well as any key emails you may have written asking the other business to stop and their response.

When providing the brief summary of events – the key information will include:

  1. Who you believe the offending business is.
  2. How and when you first found out about the problem.
  3. If web based whether you have complained to the host provider/domain name host/Nominet and the outcome of that.
  4. Emails or letters from customers who have been confused into thinking the other business is you or its goods are being provided by you.

If you are ready, please complete the template and upload the documents. If you would prefer to send us the documents as hard copies or by email; please phone one of our team on 01276 686222 or email us at drteam@herrington-carmichael.com.

A more in depth Report looking at more documents and information can be provided at a Fixed Fee Cost. If you would like to investigate that option please call us on 01276 686222 or email us at drteam@herrington-carmichael.com.
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Camberley:    +44 (0)1276 686 222
Wokingham:  +44 (0)1189 774 045
Key contacts
Frankie Tierney
Head of Dispute Resolution, Chief Executive
Frances Kyle
Senior Solicitor