Litigation – what is your perception of the industry?

Wake Smith Solicitors 13 February 2025

The perception of commercial litigators often brings up associations with words including trials, losses and costs.

But as Wake Smith director and solicitor Mike Doherty explains, today's litigators should, where possible, try to guide their clients down a more pro-active, dispute avoidance route. 

Negative imagery can sometimes be associated with litigation lawyers, which can sometimes lead to them being instructed much later than they should be. The result can make it more difficult for the dispute to be resolved, as parties can quickly become entrenched in their respective positions.

Mike says the sooner he is instructed on a matter, the more chance there is of him trying to prevent a full blown dispute, and even potentially preserving the commercial relationship between the parties. Quite often, this can lead to large costs savings in the long term.

What we can help you with:

Our Commercial Litigation team has strengths in the following areas:

  • Contractual disputes
  • Insurance disputes
  • Director/Shareholder/Partnership disputes (particularly claims based upon unfair prejudicial conduct and/or related to partnership agreements)
  • Disputes arising out of the sale and purchase of businesses (particularly claims based upon breach of warranty, misrepresentation and/or fraud)
  • Construction, Engineering and Machinery disputes
  • Commercial Goods and Services and Product Liability disputes
  • Professional Negligence and Vicarious Liability claims
  • Insolvency related disputes
  • Commercial mediation

Our Property Litigation team has strengths in the following areas:

  • Lease renewals including running lease renewals for clients with extensive property portfolios
  • Rent review, forfeiture and possession claims including peaceable re-entry
  • Efficient recovery of rent arrears using court proceedings/insolvency procedures or CRAR
  • Claims involving breach of lease covenants
  • Claims concerning alienation and user covenants and refusal of consent
  • Property related insolvency issues
  • Disrepair/dilapidations claims
  • All types of property related contract disputes
  • Cohabitee disputes re shares in property

Our Debt Recovery team has strengths in the following areas:

  • Credit control procedures/reviews
  • Undisputed debt recovery - the recovery of monies due from your debtors whether from a company, partnership/limited liability partnership or an individual/sole trader.
  • Debt recovery process from the initial Letter Before Action through to obtaining judgment and enforcement.

Want to find out more?

Wake Smith’s litigators offer a friendly, problem solving, holistic approach. They care about the client and the advice, understand businesses and know the options and can potentially avoid litigation after reviewing the case.

For further information contact Mike Doherty on 0114 224 2048 or email [email protected]

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