Dispute Resolution and Litigation

Commercial Disputes

We have extensive expertise and knowledge of various commercial practices within industry sectors such as automotive, aerospace, healthcare, manufacturing, building and builders' merchants, engineering, technology, and financial and professional services. We have particular experience in advising on issues arising from the usual (and sometimes not so usual) form of agreements, the most common of which are:

Business and Share Sale Agreements: most issues arising from business and share sales relate to warranty claims, indemnity claims, claims for unpaid deferred consideration, and earn-out mechanisms pursuant to which the purchase price is dependent upon post-sale performance of the business.   It is essential, given the common existence of time limitations, to seek advice on any claim under a business sale agreement as soon as issues arise.

Sale of Goods and Supply of Services Agreements: our clients often seek our advice on domestic and international sale of goods and the provision of services arrangements.  Our experience of handling claims in the specialist courts, such as the Mercantile Court and Technology and Construction Court, allows us to deal with all merchant disputes quickly and effectively.  Whether goods or services are of an unsatisfactory quality, unfit for purpose, or simply provided late, our team is well placed to assist. 

Restrictive covenants: we have considerable expertise in advising upon, enforcing, and resisting enforcement of restrictive covenants contained in a wide range of commercial agreements and employment contracts.  Such covenants are generally only enforceable to the extent that they are no wider than necessary in order to protect a legitimate business interest.  Whether it be a non-solicitation, non-dealing, or non-compete covenant, we regularly advise individuals and businesses upon issues of enforceability and enforcement.

Agency Agreements: commercial agency is becoming an increasingly common basis of appointment through which individuals or companies negotiate sales of goods on behalf of their principals.  The application and enforcement of applicable legislation can be highly complex and fraught with difficulties for the unwary when a dispute arises.

Distribution Agreements: difficulties can arise with distribution agreements in many respects, such as contested exclusivity, the scope of geographical territory, performance issues, and credit issues. We have advised upon a number of major product recalls.

Franchise Agreements: the security of a franchise network is vital to the survival of any franchise system.  We have considerable experience of seeking urgent injunctive relief from the courts in order to restrain the unlawful activities of franchisees jeopardising the sanctity of the franchise network.  We also act for franchisees, particularly in relation to franchise mis-selling and operational difficulties.  Our experience of regularly acting on both sides of the fence provides a unique perspective and assists in formulating a solid and achievable commercial strategy to protect a party in what could otherwise be a precarious and difficult situation.

Consultancy Agreements: consultancy arrangements are often used as a mechanism for allowing former directors or key personnel to be retained by a business and help ensure a smooth transition between owners following a sale.  However, wrongdoing, a clash of personalities and differences of opinion can all present problems and cause rifts.  We can guide you on how to manage those difficulties and advise you on your rights and responsibilities under any consultancy arrangement.

For further information please call 0345 111 5050 or email us.

Dispute Resolution and Litigation - Commercial  Disputes

Franchise Disputes

We regularly act for franchisees and franchisors and this unique perspective enables us to offer solid and achievable commercial strategies to protect you in your business venture.

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Injunctions

Injunctions can force an individual or company to do, or refrain from doing, an act which might cause harm to another's business or personal interests.

Read more

Meet our team

Julia Lowe

Partner, Head of Dispute Resolution

Dispute Resolution and Litigation

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What our clients say

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The service was efficient and personal without being intrusive. We would highly recommend Higgs & Sons.

Helen Smith, Client

Higgs' expert handling led us to the result we were looking for.

Dan Heathcote, Edward Samuel Associates

Higgs & Sons' Corporate & Commercial team is 'proactive, knowledgeable and solution-focused'.

Legal 500, Legal Directory

I would certainly recommend Higgs & Sons to friends and relatives. Thank you.

Mrs Gillian Seymour, Client

We look forward to continue working in partnership with Higgs as our business needs develop.

Neil Clifton, Cube Precision

First Class service. All things taken care of without any problems or fuss.

Mr & Mrs BJ Edwards, Clients

Caring, honest, well informed, up to date with new and relevant adaptions to the law as it affects their client.

Gill Bellingham, Client

Something is only expensive if you don't get what you pay for and that certainly can't be said of Higgs.

Rob Mainwaring, WM Creative

At all times Rhian was patient and constantly working in and for my best interests.

A. Gardener, Client

We knew they were the right partner to support us when it came to such a major development for the organisation.

Rory Daly, SDL Bigwood

Your service was friendly, efficient and professional.

Thomas Butler, Client

My husband's family have been represented and helped by you since the nineteenth century.

Margaret Louise Webb, Client

They're a firm for the rising-affluent and affluent market - a trusted partner.

Chambers and Partners, Legal Directory

The service I've received has been second to none.

Andy Stokes, Stokes Consulting

We have been working with Higgs for many years, relying on their expert advice across several areas of our business.

Daniel Hurcombe, Penso

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Gill Bellingham, Client

The invaluable advice and expertise we received were crucial factors in securing our future.

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Angela Morris, Woolcool

Higgs' advisers worked extremely hard to drive through this application and lay the foundations for future growth.

Richard Carroll, Tatton Hall Homes

Higgs & Sons made the procedure of selling my late father's home very easy.

Yvonne Fitzgerald, Client

The service you provided filled us with confidence and should the occasion arise we would not hesitate to use you again.

Rosalin and Lawrence Henson, Clients

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Richard Newton, Tipton & Coseley Building Society

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John Eifon Hughes, Client

I've dealt with Higgs & Sons for more than 50 years - that should tell you everything.

Kevin Birch, Client

I think the expertise and warm welcoming from staff put me at ease. It was gratefully appreciated.

Melissa Amphlett, Client

The service you provided filled us with confidence. We would not hesitate to use you again.

Rosalind & Lawrence Heson, Clients

Cherry has been one of the most efficient solicitors I have worked with in the development industry in nearly 38 years.

Kevin Dixon, Kier Property

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John Freeman, Client

The Corporate tax team provides a 'first-class service' under the leadership of Susheel Gupta.

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Lucy Ostrer, Client

Clear, good advice and also sensible with all aspects of the purchase.

Mr & Mrs MW Oldman, Clients

We have always been pleased with the level of service we receive from Higgs, no matter which department we call on.

David Springthorpe, Angle Ring

Always available and helpful. Clear explanation to questions. Nothing was too much trouble.

Maryanne Morris, Client

Cherry Elliott and her team at Higgs & Sons delivered in every aspect

Mike Phillips, Allen Ford UK Limited

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Anthony Winwood, Client

Fast, efficient, informative, courteous, and willing to offer help and advice. Excellent service.

Lynn Davis, Client

I feel I can trust and rely on Higgs & Sons to do the best possible job for me.

Elaine Williams, Client

A good efficient and friendly service.

Mel Houghton, Client

Dealing with Jyoti was done only via email and were replied to within the day and clear. A personal thank you to Jyoti...

Paul Carr, Client

Very professional. Pro-active approach. Always kept informed.

Tracey Hull, Client

Problems are sorted quickly and sensible advice is always offered.

Joanne Taylor, Client

Andy Shaw has a huge amount of experience and is an extremely conscientious and diligent lawyer.

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Lindsey Oakes, Client

Efficient and friendly service.

Julian Sampson, Private Client

You score 10 out of 10 from me on every count so I can't say much more than that, thanks very much.

Gareth Martin, Client

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Tim Woodbridge, Web Dynamics

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High quality professional and friendly service. Many thanks.

Stephen Pearson, Private Client

We have used your company before and have always found you very helpful and prompt.

M. Sheridan, Private Client

Clare Langford is "outstanding".

Chambers and Partners, Legal Directory

We dealt with many professionals and teams who all seemed to work exceptionally hard to make the deal.

Bill Dawson, Wavenet

The claim was passed to Steven Santy who was amazing, fast and respectful. I really appreciate how I have been dealt...

Shahista Sultana, Client

I found Cherry offered pragmatic, no-nonsense advice. I would certainly recommend her.

Mark James, Hall & Woodhouse Limited

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Contact us

3 Waterfront Business Park
Brierley Hill
West Midlands, DY5 1LX

Email: law@higgsandsons.co.uk
Call Us: 0345 111 5050

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