Solicitors in Swansea.

What areas of commercial litigation do you commonly deal with?

We commonly deal with:

• Debt recovery
• Employment disputes
• Tenant & landlord disputes
• Agency disputes
• Intellectual property
• Shareholder and partnership disputes
• Building disputes

What is the best approach toward litigation?

The best approach is a flexible one.  Where possible, it is advisable to press for an early settlement of the case.  This can save considerable time, money and effort and prevent unwanted publicity being attracted to your business.  Balanced against this pragmatic approach, a good commercial litigation solicitor will strongly advocate his client’s own case to make sure any settlement reached is favourable.  Inevitably, where the issue is particularly contentious and both parties to the dispute are strongly asserting their own position, some cases will end up in court.

In which court will my case be heard in?

It depends on the size of the claim and the legal complexity of the case.  The majority of claims will end up in the County Court and proceed through one of three tracks – small claims, fast-track and multi-track.  Small claims courts deal with claims up £5,000. Fast-track deals with claims between £5,000 and £25,000.  A claim larger than £25,000 is dealt with in multi-track.  Claims above £50,000 will usually be dealt with in the High Court.   It should be borne in mind that the larger and more complex a claim is, the more expensive it will be.  Naturally, the waiting time for a hearing will also be longer.

How can I evict a tenant?

Firstly, it needs to be established whether the tenant has broken the terms of the lease agreement or not and whether you are in a position to take back possession.  You could physically take back possession yourself although there is a risk that you will unknowingly commit an offence under the Protection from Eviction Act.

The best way to gain back possession is through a solicitor.  Depending on the issue, under the Housing Act 1988, there are two types of notice (section 8 and section 21) that can be sent to the tenant stating the landlord’s intention to recover possession of the property. If the tenant refuses to vacate the premises, procession proceedings can be commenced in the County Court.  If the tenant still refuses to budge, as a last resort bailiffs will be sent in to recover possession.

How can I recover a debt?

Your solicitor will, in the first instance, try to establish contact with the debtor.  If the debtor refuses to pay the debt, a statutory demand could be used.  A statutory demand is a standard document sent to the debtor requesting payment (see debt recovery FAQs for further details).   The last stage will be a hearing at the County Court or if the debt is particularly large (more than £50,000) through the High Court.  If the debtor still cannot or will not pay, bankruptcy proceedings can be commenced.

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