When facilities terminate, are breached or personal guarantees
and/ indemnities are pursued, disputes will often arise. If these
cannot easily or swiftly be resolved then contested litigation may
become inevitable. Often the decision to litigate is a difficult
one, not all facts may be known at the outset but equally if you
are not being repaid the time cost of being deprived of your money
can not only cost you in terms of income stream and lost
opportunity but can potentially make recovery itself vulnerable
over time. We have teams of litigators who are only too aware of
these commercial realities who can assist you to assess your risks
early in order to enable you to make an informed judgement.
Where a dispute is known to exist alternative means of dispute
resolution can be investigated and undertaken if appropriate.
We will always advise you on these options in suitable cases,
whether that be mediation, arbitration or some other step such as
without prejudice meetings to seek to unblock disputes, as the
circumstances dictate.
If the dispute arises from proceedings we will equally advise
you of such dispute resolution options but at the same time seeking
to keep the momentum in proceedings but without incurring
unnecessary expense, to strike the right balance between
maintaining pressure while being aware of the commercial reality of
such proceedings.
Our Collections team and our litigators work closely to ensure a
seamless transition between them when proceedings become contested
while ensuring that you are kept advised at each step and
proactively involved in seeing your cases resolved to your
satisfaction.
