Preserving business relationships through early resolution
Disputes are a part of life and when they arise, commercial clients require them to be resolved as quickly and cost effectively as possible. This may mean court proceedings, but often disputes can be resolved by less adversarial means, such as mediation. Whatever the issue, Tughans is well placed to implement the most appropriate and effective resolution for any given case.
What We Do
The turbulent property market has seen a marked increase in property related disputes. Our team has experience acting for various clients, both developers and purchasers, in a number of the difficult cases to have come before the court recently particularly in relation to specific performance of property contracts. With dual qualified property lawyers
we are in the unique position of being able to advise Northern Irish clients regarding property interests in England, Wales and Northern Ireland.
Construction disputes are a specialist area in which our team can offer a wealth of knowledge. Our skilful litigation team
has extensive experience representing clients’ interests in High Court litigation, arbitration and adjudication proceedings arising out of misapprehended construction contracts.
The highly specialised area of procurement is an expanding domain. It invariably concerns a tender competition where there are allegations of unfairness by a disappointed bidder. Our team has acted for both disappointed bidders seeking to challenge the tender process and successful tenders seeking to defend them in Northern Irish courts.
- Company Shareholder Disputes
Many very successful businesses in Northern Ireland are owned by a relatively small number of shareholders who are sometimes family members. What happens if the shareholders fall out? Our team has successfully negotiated in a number of such cases, for majority and minority shareholders, in securing what often amounts to a “commercial divorce”.
- Planning and Environmental Disputes
Commercial enterprise inevitably involves activities which impact on the environment. With increasing public and political awareness of environmental issues and a greater degree of environmental regulation
, there is an increasing trend towards environmental litigation
. The actions and activities of private individuals and commercial enterprises can lead to disputes with regulatory authorities, owners of adjacent properties and subsequent owners of land. This can lead to prosecutions, commercial actions and judicial review of decisions by statutory bodies. We have considerable experience acting on behalf of clients in a range of sectors in disputes which include the judicial review of planning decisions, claims relating to the discharge of material to land, water and air, nuisance actions, actions relating to the bioremediation of contaminated land and the enforcement of environmental warranties.
- Professional Negligence Defence & Claims
Regrettably some problems arise due to a lack of care on the part of other professional advisers. Our experienced team is well acquainted with prosecuting claims on behalf of clients against solicitors, accountants, architects and other professionals. We also routinely defend claims made against such professionals on the instructions of professional indemnity insurers.
- Debt Recovery and Insolvency Advice
It is often said “cash is king” and this is particularly true when the economic climate is intractable. Our accomplished team is adept at taking swift and decisive action on behalf of creditors who are owed money by suppliers. In addition, we are knowledgeable and competent in advising clients who find themselves in financial difficulty and in need of rescue.
Tughans is one of the few Northern Irish law firms
with a defamation practice. We regularly advise clients on all aspects of reputation management including libel, slander, malicious falsehood and pre-publication advice.
We appreciate that every case is different. Hence, we endeavour to provide a tailor-made service which is efficient, effective and economical. Our seasoned solicitors are approachable, affable and easily accessible. Michael McCord is the team leader.
Disputes are part of commercial life. Tackled early they can often be managed in a manner which is not only cost efficient but which also preserves the commercial relationship between the parties. On other occasions firm action is required. Whatever the circumstances the team at Tughans will be able to help.
Michael McCord is ranked in band 1 of Chambers 2010 for dispute resolution, construction and property litigation where he is described as “highly analytical and seeks out the avenues that will afford us our desired outcome” and as “a sensible operator who resolves matters in the most efficient way”.
Toby McMurray is also ranked.