Commercial Dispute Lawyer

Contracts, performance and competing claims

We review the main contract, schedules, orders, specifications and agreed amendments. These are compared with actual deliveries, work, payments and acceptance. A missing signed document should not automatically be treated as proof that no relationship existed: the full set of material needs assessment.

If the other party alleges defects, delay or a countervailing debt, those objections must be checked before a claim is formulated. Timely notices, records, inspection findings and agreed acceptance procedures matter. The case should account for weaknesses, not just documents favourable to the client.

Formal demands and negotiations

A formal demand starts with a substantiated description of the breach and calculation of the claim. The document is prepared for its purpose, the contract and appropriate procedure. Delivery method and proof of service may matter, so a messenger message alone may not be enough for subsequent steps.

Negotiations may cover instalments, return of goods or another agreed settlement. Signatories’ authority and the proposed document’s effects must be checked. A promise to pay is not actual receipt of money, and ongoing negotiations should not distract from important deadlines.

Claims, defences and court proceedings

For court action, we identify the appropriate procedure, parties, claims and evidence. A claim, defence, submissions and other procedural documents are prepared by separate agreement. Legal representation in court covers a defined instruction; further court levels and enforcement must be agreed separately.

If a company receives a claim, provide the complete papers and service date. A response requires the opponent’s claims, calculations and evidence to be checked. Ignoring a document because the amount is disputed does not replace preparing a proper procedural position and assessing next steps.

Monetary claims and enforcement prospects

For a debt, we check its basis, due date, payments made and calculation of each component. Principal, penalties and other charges each need substantiation. If the main objective is debt recovery, information about the debtor and the possible enforcement procedure must also be assessed.

Winning proceedings does not itself guarantee payment. The company’s position, other claims against it and asset locations may matter. Checks and subsequent enforcement steps are agreed separately; locating hidden assets or successful recovery cannot be promised without grounds.

Cross-border commercial relationships

If the parties, deliveries or assets involve different countries, check the contract’s governing law and dispute resolution provisions. Not every international contract provides for arbitration. Where a relevant clause exists, international commercial arbitration is assessed against its wording and the applicable procedure.

Foreign court proceedings, translation, a local representative and use of a decision in another country may require a separate budget. We first establish the actual procedure and providers’ availability. A foreign company’s involvement does not imply the same working arrangements for every country and contract.

Documents for assessing the case

Prepare the contract and all amendments, completion records, delivery notes, invoices, payment evidence and material correspondence. Include demands, replies and court papers. For electronic messages, retain dates, participants and context rather than just individual screenshots.

Prepare a brief timeline and identify disputed amounts. State which originals are retained, which documents are unsigned and what the other party disputes. Mention any representative or ongoing negotiations so new correspondence does not conflict with the agreed position.

For deliveries, keep carrier information, delivery notices and comments made on acceptance. For part payments, identify each payment’s purpose and the invoice it relates to.

From assessment to an agreed instruction

Following review, we identify possible claims, evidential gaps and priority steps. We agree the scope, fees and separate court, examination or translation costs. Preparing a demand does not automatically include every future proceeding in the fee.

During the work, we record new payments, deliveries, proposals and procedural documents. Calculations are reviewed if circumstances affect the claims. The strategy should reflect the company’s commercial objective, but negotiations, court decisions and a counterparty’s solvency cannot be guaranteed.