Commercial Litigation, Debt Recovery, Commercial and Employment Law

Commercial Litigation and Dispute Resolution

To most business people legal disputes are a necessary evil of being in business, but they can easily become a distraction, diverting a business from its commercial objectives. At Merrils Ede we appreciate this, which is why resolving any such problems in the best commercial interests of your business is fundamental to our approach.

Whether your problem relates to a supplier, a customer or to your business premises, with the proper approach time consuming and expensive litigation can often be avoided.

We not only aim to identify the issues, merits and risks of any dispute at the earliest opportunity but also determine the outcome that would best serve the commercial prosperity of your business, and as to whether this objective is best achieved by negotiation, mediation or other means of dispute resolution instead of Court proceedings. Sometimes maintaining business relationships with those you are in dispute with can be more important than winning a Court case.

Clearly there will be occasions when litigation is unavoidable and if this is the case then we are able to provide a specialist and efficient service in the following areas of work:

• Contractual Disputes
• Company Law (including Shareholder) Disputes
• Negotiation, Mediation and Arbitration
• Corporate and Personal Insolvency
• Debt Recovery
• Commercial Property and Landlord & Tenant Disputes (including business lease renewals)
• Guarantee and Banking Disputes
• Disputes relating to Commercial Mortgages
• Property Litigation
• Professional Negligence Claims
• Building and Construction Disputes
• Enforcement of Judgements
• Intellectual Property Disputes
• Commercial Leasing Disputes

Debt Recovery

Often the most important commercial consideration for any business is its cash flow. At a time when the demands of your customers are greater than ever before, too many businesses are under pressure to provide good quality goods and services within exceptional deadlines, but often at the expense of controlling their own cash flow. More and more businesses and individuals, are failing to pay outstanding invoices on time and as agreed.

In order to promptly recover money owed to their clients Merrils Ede have an established computerised recoveries department, which is specifically designed to meet the requirements of your business in this vital area.

We recognise the need for our clients to ensure that credit terms are strictly adhered to and have a dedicated and experienced professional team of negotiators who continually achieve high success rates in securing prompt payment.

For further information please complete the box on the right of the page and our advisors will be happy to discuss your requirements.

Commercial

Often the best way of avoiding legal disputes in business is to take advice before you commit to contractual or legal obligations. Whilst most businesses take such advice prior to embarking on major contracts or transactions there is a reluctance to incur the upfront expense of legal advice in more day to day commercial dealings. This, however, can be a false economy with litigation costs far exceeding the cost of pre-contract advice, which itself is very often less expensive than most clients imagine. This is why we at Merrils Ede encourage our business clients to maintain an ongoing relationship with us –

Concerned about the terms of a contract or lease, then pick up the telephone and speak to us.

Can standard terms of trading help avoid future disputes? - We can draft those terms.

We can also assist you in more substantial non-contentious matters including the following:

• Commercial Contracts
• Terms and Conditions of Business (including e-commerce)
• Agency, Distribution and Franchise Agreements
• Partnership Agreements including Limited Liability Partnerships (LLP's)
• Mergers and Acquisitions
• Leasing Agreements
• Commercial Leasing Agreements

In conjunction with our Commercial Services we also undertake Commercial Property work from both our Cardiff and Penarth offices. Most businesses at sometime require advice on or assistance with Commercial Property transactions, whether it be freehold acquisition or commercial leases and related matters, such as lease renewals, repairs and dilapidations claims. We are able to offer a comprehensive and professional service in all of these areas.

Employment

We offer expertise in all aspects of this growth area of the law and we pride ourselves in being equipped to represent the interest of either the employer or the employee. We have extensive experience in representation at Employment Tribunals, in Discrimination Law, and in the impact of European Legislation on British businesses. Most importantly we are able to offer advice on good employment practice enabling you not only to avoid the expense and aggravation of employment disputes but also to maximise the potential of what is in many instances a business’s most valuable asset - its employees. Our expertise includes:

• Contracts of Employment
• Discrimination
• Disciplinary and Grievance Procedures
• Restrictive Covenants
• Director Service Agreements
• Wrongful and Unfair Dismissal Claims (including representation in Employment Tribunals and Courts)
• Employment Advice in respect of mergers and acquisitions
• Redundancies
• Maternity and related issues
• Working Time Regulations
• National Minimum Wage
• Best practice advice and training seminars

We can also help you avoid potential employment problems by the provision of seminars covering current employment topics or developments or, if required, tailored to suit the needs or requirements of an individual client for training purposes.