Dispute Resolution

Practical considerations when mediating a business dispute
If your business is involved in a dispute and it is proving impossible to reach an agreement, then it may be time to seek professional advice from a third party. Rather than heading straight to court, an alternative approach is to attempt to seek a resolution via mediation.
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Protecting your business against online fraud
Online fraud is now the most prevalent crime in England and Wales, affecting both individuals and businesses of all sizes to the tune of around £10 billion a year. The complexity with which cyber fraud can be carried out and the increasingly clever ways that criminals conceal themselves make the threat very difficult to manage.
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Four ways to avoid a dispute with your construction project
If your business is expanding, then you may find yourself contemplating building an extension or even new premises. Whatever the scale of the project, any construction work will be a major distraction from your usual business activities and you will not want further disruption from a potential dispute with your contractor.
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Resolving a minority shareholder dispute
Power among the shareholders of a company is generally measured by the size of their shareholdings and accordingly their voting rights. Usually, the more shares you hold the more power you have over the company itself.
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Retaining ownership of your goods via a retention of title clause
A retention of title clause can be a useful way to protect yourself in business if you supply goods on credit, as it provides you with a form of insurance if your customers fail to pay you. Depending on how the clause is drafted you will either have the right to take your goods back or to claim a stake in any money the customer has received from selling them on. Used appropriately they can be very effective.
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Are ‘no oral modification’ clauses effective in the event of a dispute?
As a general rule the courts try not to interfere in commercial contracts when a dispute arises as they rightly believe that businesses are best placed to negotiate the terms on which they will deal with each other and, save for in very limited circumstances, that they should be bound by the deal they have struck.
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Ensuring a customer complaint does not end up in court
If someone takes the time to complain about your business they are clearly disappointed with the service they have received. Recognising this is important if you want to preserve customer relations and avoid a serious complaint ending up in court.
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Customer insolvency: checklist for businesses
The Insolvency Service says that corporate insolvencies are at a four-year high and that in 2017 nearly 100,000 individuals were declared bankrupt. For businesses left out of pocket when a customer fails, the consequences can be devastating. One only needs to look at the trail of devastation caused by the recent collapse of Maplins, Carillion and Toys R Us to see this.
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Meat company prevents employee using confidential information
A meat company has been granted an injunction preventing a former employee misusing its confidential information about customers and product prices.
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Claiming interest and late payment charges on outstanding invoices
When money owed to your business is not paid on time it can have serious knock-on effects. Resources will need to be devoted to chasing payment, cash flow will be affected and overdraft facilities may have to be extended. Recouping some of these costs from defaulting customers through interest and late payment charges can help to balance the books.
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