Business Tenancy Disputes

Our Commercial Disputes team is based in Doncaster and Sheffield. We have experience of advising landlords and tenants about problems arising from business tenancies. Common problems arise in relation to non-payment of rent, breaches of covenant in the lease and issues relating to dilapidations.

We can advise in relation to the service of notices following the breaches of terms of the lease, distraining for rent, claims for a new tenancy agreement and dilapidation claims.

We can also assist management companies in relation to their obligations, such as the collection of service charge and obtaining approval of substantial qualifying works.

Taylor Bracewell will guide you through the various stages from the service of appropriate notices to (if necessary) bringing the matter before the Court or the Property Tribunal.

Partnership Disputes

Problems often arise in respect of businesses and partnerships. We have the expertise to advise you in relation to any issue that may arise, including:

  • Disputes between directors as to the management of the company
  • Companies claims against a director(s)
  • Shareholders' claims in relation to unfairly prejudicial conduct
  • Claims by and/or against partners
  • Dissolving partnerships
  • Winding up a partnership on the basis that it is just and equitable to do so

We will establish what it is that you are seeking to achieve, and will work with you on formulating a strategy in order to seek to achieve your objectives in the most cost effective manner.

Contract Disputes

We can assist you in relation to any dispute that arises during a contractual relationship. Common problems that we encounter include the following:

  • Non-payment of invoices
  • Breach of contract resulting in claims for damages or for specific performance
  • Breach of warranty; and issues surrounding the formation of the contract, including civil fraud claims for misrepresentation and/or deceit

Court proceedings should always be considered a last resort. We pride ourselves on our commercial awareness and will advise you on the most cost effective way in dealing with a dispute, including negotiation, mediation or without prejudice meeting.

Unfortunately on occasions such attempts to resolve disputes are unsuccessful. If that is the case we will advise you of the most appropriate forum for determining the dispute, whether that is via Court proceedings or arbitration and we will advise you in relation to each step of the proceedings.

Insolvency Issues

Issues do arise regarding a party’s solvency. In those circumstances we are experienced in advising both companies and individuals in relation to statutory demands, winding up petitions and bankruptcy petitions.

We also have expertise in assisting insolvency practitioners in the realisation of assets for the benefit of creditors, for example by way of tracing, the recovery of book debts, and claims against directors for misfeasance, fraudulent and wrongful trading.

Following the winding up of a company the directors may face a claim to disqualify them from acting as a director. This is something that we can assist with.

Construction Disputes

Based in Doncaster and Sheffield, our Commercial Disputes team are experienced in advising both individuals and companies in relation to any building work, ranging from small building works to major construction works in multi-million pound projects.

If you have experienced any problems in relation to construction work, contact the business disputes team who will advise you of the most appropriate and cost effective way of resolving the dispute, whether that is by way of negotiation and/or settlement meeting, adjudication, arbitration or proceedings in the Technology and Construction Court.

Intellectual Property Disputes

Parties spend a significant amount of time and money protecting their intellectual property rights. When those rights are being infringed, action may need to be taken.

We can advise you in relation to any intellectual property infringement, including trade marks, copyright and patents as well as passing off claims. We will guide you through the most appropriate course of action, whether that is through nominet, the revocation of a trade mark or via Court proceedings in the Intellectual Property Enterprise Court.

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