Dispute Resolution

If a dispute arises, you need a dispute resolution lawyer by your side who is able to assess the merits and advise strategically in order to achieve a commercial outcome at the earliest stage. Bringing contentious matters to a resolution within the parameters of an appropriate costs budget is critical to dispute resolution work in the modern era.

Our dispute resolution lawyers are proactive, commercially-minded and realistic, as well as technically proficient, with a forensic eye for detail in assessing the merits. They recommend strategies for the early resolution of disputes, including by means of negotiation, mediation and early neutral evaluation. Where it is not possible to resolve a dispute satisfactorily by agreement, our lawyers pursue the proceedings, whether before the courts, a tribunal or an arbitration panel, with efficiency and resolution.

We are experienced in litigation before the national courts in various jurisdictions from the lower tier courts through to the highest appeal courts, as well as international litigation with parties or assets in more than one jurisdiction.

With the development of our international capability, we have amassed a formidable team of international arbitration practitioners, with expertise in all major forms of arbitral forum and working across a number of jurisdictions and experienced in handling many different types of dispute, including in relation to international trade and construction and projects. For further details, please see here

We are also experienced in the enforcement of judgments and arbitral awards, and we successfully obtain interim remedies, such as freezing orders.

Specialist teams

Our dispute resolution lawyers have longstanding experience in their various practice areas and sectors, and work collaboratively so as to bring together the relevant specialist expertise, resources and sector knowledge for the particular matter.

Specialist fields in which we work include:

Commercial Disputes

We are experienced in most types of commercial disputes. Particular specialisms include:

pre-contractual negotiations, pre-action engagement, and other behind-the-scenes advisory and risk-management work
employment-related disputes and restraint of trade/restrictive covenants
construction claims
professional negligence claims
insurance claims
supplier/contractor disputes
debt claims
general commercial contract claims
international trade disputes
shareholder, JV, earn-out and company/partnership/limited liability partnership disputes and director and officer liability disputes
procurement claims
procedural battles, including jurisdiction challenges, security for costs, other interim relief applications, disclosure disputes and taking of evidence/deposition/examination requests
landlord and tenant disputes
real estate disputes
professional football-related sports law
contested trust and probate claims
disputes between joint owners of property and ownership of property
freezing injunction orders

International Arbitration

Our formidable team of international arbitration practitioners have expertise across numerous specialist types of dispute, including cross-border transactions, aviation and maritime, construction, engineering and projects disputes and energy and natural resources disputes.

Our lawyers are experienced in all the major forums for international arbitration, including ICC, LCIA, DIFC, SCC, ICSID and Ad Hoc tribunals.

We are experienced in the international enforcement of arbitral awards.

Property Disputes

Commercial and residential real estate and property frequently gives rise to disputes. It is important to have lawyers at your side who are experienced in the type of dispute and asset class and who advise on a strategy for an early resolution. For property disputes in particular, it is often in parties’ interests to resolve matters without going to Court, to avoid delay and cost.

Our Real Estate and Property dispute practitioners are highly experienced lawyers, who are familiar with a wide range of commercial and residential property disputes. Our real estate disputes group brings together practitioners working as a team who between them have dealt with all classes of property and a wide range of disputes.

Types of disputes includes:

landlord and tenant disputes, such as arising from non-payment of rent, breach of covenant, dilapidations, options and break clauses
contractual and conveyancing disputes, including those arising contracts for the disposal or acquisition of property
title issues, including claims between joint owners of property or someone who believes they have an interest in a property despite not being a registered proprietor
residential leasehold disputes, including claims for possession, service charge disputes and disrepair claims
leasehold enfranchisement
lease extensions
disputes in relation to development, including arising out of plans for infill development, ancillary rights, boundaries, party walls, basements and air space rights

Trusts, Probate and Estate Disputes

Disputes and problems relating to family wealth following the death of a family member can be difficult enough. In an increasingly interconnected world, many of our clients live in and own assets in different countries and this can present further difficulty. 

An almost infinite variety of issues can arise, including difficult or disputed family inheritance claims, family trust disputes, and tax problems or mitigation, resulting in the potential loss of inheritance, family assets and wealth. 

Trustees may fail to perform their duties and responsibilities properly; fail to act in an impartial way; act in breach of trust or breach their fiduciary duties. Beneficiaries may be disappointed and wish to challenge the trustees’ exercise of their role or decisions. The actions of the trustees might result in loss to the trust fund and the trustees may need to be replaced and action taken to recover trust assets.

Disputes can often arise challenging the validity of a will. Claims can include that the maker of the will did not have the requisite testamentary capacity, was unduly influenced, did not approve the contents of the will, that the will was superseded by a later will, was not signed in accordance with the legal requirements, or is a forgery or fraud. Disputes also arise regarding the interpretation of a will or the need to rectify the will.

Claims can be made seeking to remove executors and trustees. Disputes can also arise relating to the distribution of the assets of an elderly or infirm person before their death.

Finally, the law in some jurisdictions including England and Wales permits certain categories of people (e.g. spouses, former spouses, people maintained by the deceased and children, even if adult) to make claims against the estate of a deceased person, subject to a short time limit.

Spencer West have an experienced team of specialist lawyers who can assist clients seek to resolve issues and disputes that can arise.

Meet the team

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31 Jul

2023