Dispute Resolutions – How we Help.
We work with a diverse clientele base on dispute resolutions, who sometimes find themselves in disputes and conflicts regarding:
- Property acquisition,
- Business splits – irrevocable breakdowns,
- Partnership disagreements, where there are no dissolution provisions,
- Joint and several personal guarantees…not good!
- Complex legal cases, solicitors/barristers take full carriage of the case, and
- Pending legal cases that still have in the background, pressure from trade and finance creditors. See our example below.
Everybody’s goal should endeavour to resolve any dispute between parties and achieve an amicable resolution without litigation. We aim to keep costs at a minimum and achieve the best result for our clients. Sometimes legals are required, but the focus should be kept on the economic outcome.
Recently a client was involved in litigation and a claim of c£500,000 against his company. The outcome was a judgment against his company for £74,000, but the legal costs were c£120,000+. We represented our client and negotiated the total c£194,000 considerably downwards accordingly…the polite phrase.
When dealing with disputes, it’s important that all surrounding facts are considered. Then and only then can we tailor a specific strategy to your case.
If there’s a dispute between parties, we endeavour to resolve this with a mutually beneficial arrangement whilst maintaining your best interests.
In most situations, the opposing party or their third-party advisors become more open in their communication with professional representatives such as Bell & Company. If appointed, we aim to outline the benefits in a mutual agreement and fully substantiate your position, so the opposing party can see the benefits in a resolution.
If a debt is involved, we adopt an informal Pre-Insolvency approach as opposed to the formal Insolvency which sees you eventually lose control. Maintaining control of the situation is key to getting the best result, however, most clientele find it difficult to keep control as they struggle with the personal aspects of a case.
It is important to note, however, that control is not lost even if your case has progressed to litigation or legal enforcement. Sometimes it is necessary to get legal counsel to obtain the best legal advice. In this instance, we would work alongside your legal team to get you the best result.
Sometimes litigation gets complicated and a third party, such as Bell & Company, is key to keeping you informed.
There are many cases we have worked on where the legal process clouds the sight of the final goal. It’s important to keep your legal team informed throughout.
The settlement process can be longer when litigation is in progress, but we will be with you every step of the way.
An example of a case where Bell & Company helped resolve can be seen below:
- The clients had lost control, and formal Insolvency proceedings had started against them. The sum outstanding to the creditor was substantial, and unfortunately, it wasn’t an option for the clients to refinance.
- The clients are farmers and builders and cash flow could not support the level of borrowings they had.
- We undertook our usual full Due Diligence. We discovered that the clients had a potential negligence case that could see them be awarded considerable sums.
- This would, in turn, address the liability with their pressing creditor.
- We prepared a full summary of the case and presented this to a reputable legal firm.
- Initially, legal Counsel felt that the Statement of Claim would be minimal and therefore the prospect of our client paying off their pressing creditor was now in jeopardy.
- Bell & Company organised a meeting with the legal team and produced their findings in the case. The statement of the claim then rose to a seven-figure sum.
- Bell & Company engaged with the creditor to stop the pending Insolvency action against our client’s land and pending formal Insolvency action against our clients. We presented to the bank the legal case and the prospect of success.
- Most vitally we gave direction to the case and focused on the monetary outcome.
- During this period, we also had to provide weekly updates to the client’s creditor to stop the pending legal action. The creditor at this time had agreed to withhold from any action if weekly updates and regular meetings were held with Bell & Company – not a problem.
- After some time, we reached the point of resolution and negotiations on the final settlement sum. We attended with the clients and engaged in negotiations with the legal teams.
- Our legal team came with a lower amount than expected and advised on acceptance of this amount. However, we knew the strength of the case and what our clients needed to achieve to stop the creditor’s Insolvency action.
- Our legal teams’ negotiation saw £300,000 secured. Happy days.
- Our hard work, focus, and doggedness paid off as the clients yielded enough funds to pay off the pressing creditor, retain their farm and move forward with their lives.
The above is an actual example of a recent case at Bell & Company – it’s what we do.
Know what can be achieved, understand fully what all the stakeholders’ positions are, take advice BUT give instruction.
In such cases, it has to be about achieving the best economic result as quickly as possible.
Costs can be your enemy but can also be your friend…strangely – call us to find out what I mean by this – 0330 159 5820.