Havering Solicitors

Havering Commercial Litigation FAQs

What is the best way of resolving a commercial dispute ?

It is preferable for commercial disputes to be resolved through arbitration or mediation as these methods are generally more informal, quicker and cheaper.  Any judgements or settlements reached can be kept private.  For these reasons, it is often agreed in commercial contracts that disputes will be settled by arbitration.  You should check your contract to see whether this applies in your case.

In some cases, disputes can settled without the need for arbitration or mediation or court action at all.  In the case of debt recovery, a letter from our solicitors may prove sufficient to get the debtor to pay the creditor back.

What is arbitration ?

Arbitration is a form of Alternate Dispute Resolution and is used in the commercial context quite regularly.  In arbitration, a third party, agreed on by both parties to the dispute in the original contract or at the time of the dispute, comes to a judgement on the dispute.  The judgement can be made legally binding by the agreement of both parties.  This method is regularly used for employment disputes and can be arranged through an organisation known as ACAS (Advisory, Conciliation and Arbitration Service).

What is mediation ?

Whereas arbitration represents the more combative atmosphere of a typical court room, mediation is all about finding common ground between the disputing parties and coming to a compromise with the aid of a mediator.  In the same was as arbitration, any agreements can be made legally binding with the consent of both parties.  This method is regularly used for employment disputes and can be arranged through an organisation known as ACAS (Advisory, Conciliation and Arbitration Service).

How can judgements for debt recovery be enforced ?

If the debt is larger than £750, you will be able to start bankruptcy proceedings if the debtor still refuses or cannot pay.  Depending on the judgement, it may be possible to use an order to get your money back, including a Attachment of Earnings Order or a Charging Order.  If the money is held by a third party, you might be able to use Garnishee Proceedings to recover the debt.

What is an Attachment of Earnings Order ?

An Attachment of Earnings Order is an Order used to secure a debt by directly deducting the amount owed from the debtor’s wages.

What is a Charging Order?

A Charging Order is an Order used to secure a debt against the debtor’s land or assets.

One of my employees has left my company and has taken lists of clients and leads away with him.  How can I put this to a stop ?

In industries such as Recruitment and Sales, it is common for employees to agree to restrictive covenants as part of their employment contracts, which prevent employees from using your lists of clients and leads.  Both the ex-employee and the new organisation for which the ex-employee works could be taken to court and sued for breach of the covenant and ordered to hand back important information.

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