Contractual Disputes
We often agree to terms and conditions without reading them through. Unfortunately, at times, this can lead you or your company to be bound by terms you do not agree to or understand. The terminology used in agreements may not be those that you understand.
Our Dispute Resolution team has experience working for either party whether you are an individual consumer who has received a faulty product or a disservice or for companies whose contracted workers have neglected to complete works. Whilst these are just examples commonly encountered, we have experience in dealing with a range of disputes surrounding contractual disputes, including:
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Debt recovery
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Partnership, director and shareholder disputes
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Disputes concerning credit cards, loans, and other financial and credit agreements
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Defamation
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Novation of contracts
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Seeking remedies such as damages, injunctions or specific performance.
Some of the contractual dispute fields that we specialise in can be seen below.
Consumer Disputes
We understand that receiving a faulty product or bad service can be frustrating which is why we are here to help clients exercise their rights under the Consumer Rights Act 2015. This legislation protects consumers from being exploited and ensures that traders or manufacturers are aware of what is expected of them.
If you believe that someone has beached your consumer rights, you could have a potential claim against the trader or manufacturer. Here at Lawson West Solicitors, we can assist you with the following:
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Contacting the trader on your behalf or responding to the consumer’s complaint
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Informing you of your rights under the Consumer Rights Act 2015 and how to enforce them
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Contacting the relevant ombudsman
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Negotiating with the opposing party
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Seeking compensation for loss of damage
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Preparing or defending your claim.
Construction Disputes
Have you spent an unrecoverable amount of time searching for the perfect new build or highly sought after builders who could assist you with your new endeavours?
Has all communication broken down and become acrimonious?
If so, we understand that no one wants to experience structural defects in a new build or be left with an incomplete building project which is why we offer practical solutions to resolve your matter. We can assist you by:
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Drafting or responding to an initial letter before action
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Negotiating with the opposing party in order to reach a settlement
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Drafting or defending a claim
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Appointing a surveying expert
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Explaining the process of adjudication
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Serving a Notice of Adjudication.
Restrictive Covenant Disputes
It can be common for employers to incorporate clauses/terms within their contracts of employment or service agreements to restrict the conduct of the employee/individual during and after their employment has ended.
The purpose of these clauses are to limit any potential detriment to the business if the individual was to leave and take with them confidential information, documentation or secrets.
There are a variety of restrictive covenants you may want to implement:
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Non - solicitation clauses – restricts the former employee from actively contacting your customers/ clients with whom they have had recent dealings. Potential customers can also be included in such clauses, however the evidence to support the enforceability of such a clause would be difficult.
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Non - poaching clauses – restricts the former employee from poaching or employing other members of your staff.
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Non - competition clauses – restricts the former employee from in working for/ setting up a similar business/ business in competition with yours.
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Non – dealing clauses – restricts the former employee from dealing with/ working with either former supplier/ clients/ customers.
Restrictive covenants are becoming more common with many individuals being left uncertain as to their obligations. It is always in cases where you are bound by restrictive covenants where it is advisable to seek legal advice before any potential breach occurs or action is taken against you.
At Lawson-West Solicitors our Employment Solicitors will be able to check the potential validity of these provisions in order to help you understand what you as the former employee can and cannot do going forward or you as the employer can include in your employee contracts. Please click here to read more about the services provided by our Employment Solicitors.
If however, you are an employee who have been written to in alleged breach of their contractual restrictive covenants, please contact our Dispute Resolution lawyers who can assist you in protecting your position.
Please note that the above lists are not intended to be exhaustive lists of areas that our lawyers deal with nor is the information above intended to substitute legal advice. You should always consult with a solicitor directly. Should you have any queries, please do not hesitate to contact the Dispute Resolution team here at Lawson-West Solicitors.
Further information on this topic can also be found within our articles below:
What are Resitrictive Covenants?
