Loney Stewart Holland

About our firm

We are specialists in managing commercial disputes

We have decades of combined experience helping businesses of all shapes and sizes resolve disputes quickly and effectively. We bring technical expertise coupled with a practical, commercial approach.

Our solicitors are specialists in managing commercial disputes, particularly for SMEs and business owners. We work with clients across a broad range of sectors to help them achieve their objectives and solve legal problems.

Very often, we are called in by other legal advisors or professionals (read more below) when their clients need urgent help with a problem. We work seamlessly alongside those advisors to help resolve the crisis at hand.

We are confident you’ll find us approachable and easy to work with. We will work with you in the way that suits you. Above all, we are here to help and to ensure you understand your case so that you can make the right decisions. Our tactical experience enables us to identifying the right leverage and pressure points to achieve the best possible result.

We are competitive and transparent in our pricing and help our clients carry out an accurate cost/benefit analysis in relation to any dispute.

Partners & Referrers

We’ve tailored our business model to act as an outsourced litigation team

Much of our work is referred by other solicitors (particularly other specialist firms), in-house counsel and other like-minded professionals. We’ve tailored our business model to operate as an outsourced litigation team when a crisis arises and your clients need urgent, specialist help.

These partnerships work well because:

We are always available for an informal, no obligation chat about an emerging problem or a litigation angle that impacts the work you are doing for a client.

If our involvement is needed, we work flexibly in the way you need, either as an extension of your team or directly with the client to deal with the problem at hand.

We share a similar client base of SME and owner/managed businesses. We understand the excitement and challenges of a growing business and know that any unexpected legal issue is a distraction from the day-to-day business.

We have a very experienced, personable senior and partner-level team who can apply their expertise to the problem you’re facing.

Our work is very often urgent and we operate high levels of service and accessibility coupled with a transparent, competitive pricing model.

We stick solely to our core work areas and you can be confident we will deal with the particular problem and carefully protect your client relationships.

Our clients also need help with legal and professional matters and we are delighted to recommend and refer matters to professionals in our network, based on particular specialisms and who we think will work well with the relevant business.

If you are interested in discussing how we can work together, please contact us.

Contractual disputes

We deal with the full range of commercial disputes across a variety of sectors

Contract disputes are our bread and butter. We have experience in all forms of dispute resolution for commercial contracts including mediation, adjudication, arbitration and trials. However, the vast majority of our cases are resolved quickly through negotiation.

Contracts are the cornerstone of most businesses. When they work, they provide a solid foundation for successful commercial relationships and business growth. Parties fall out over many aspects of contracts including the rights and obligations under the contract, the interpretation or effect of particular clauses, and the validity of the contract itself. When this happens, we understand the problems it can cause, and the need for early and effective action.

Real care is needed when a dispute arises in relation to a live contract. This requires quick action, either to get a contract or project back on track, or to exercise rights of termination in appropriate cases.

Our team are experts in analysing and advising on all types of commercial contract disputes, across a wide range of industry sectors. We take time to understand each client’s business, the contractual relationship in question and the key commercial objectives. This enables us to not only advise on the law, but on strategy and the most appropriate and cost-effective way of achieving the right outcome for each client, whatever that might be.

Early expert advice is key to putting the right strategy in place and getting on the front foot in any dispute, giving you the best chance to resolve the situation quickly and effectively.

Shareholder and Partnership disputes

We act for directors, shareholders and partners in disputes across a wide range of sectors.

Disputes between business owners is a major area of our work. We act for directors, shareholders and partners in disputes across a wide range of sectors.

Disputes between shareholders or partners can arise for any number of reasons, from disagreements over commercial decisions, different objectives or simple personality clashes.

We understand how difficult these disputes can be – they can be highly charged and, unless resolved, have the potential to damage or destroy the business.

Our work includes:

• Contractual disputes relating to Shareholder Agreements and Partnership Agreements

• Unfair Prejudice Petitions (s. 994 Companies Act)

• Breaches of Directors’ statutory and fiduciary duties

• “Boardroom” disputes between directors

• Claims for breach of warranty

Early expert advice is key to putting the right strategy in place and getting on the front foot in any dispute, giving you the best chance to resolve the situation quickly and effectively.

Intellectual Property & Brand Protection

When your brand or reputation are at risk, we can offer the advice you need

When faced with an act that puts your brand or reputation at risk, we can offer the urgent advice and action you need to protect your business.

A business’s reputation and brand are absolutely crucial to its success. When something happens that adversely affects it, we know the harm that can be caused, and the need for urgent action to prevent it.

We have considerable experience in this area and regularly act for individuals and businesses of all sizes, in relation to copyright, trademarks, patents, trade secrets, passing off and confidential information. Our specialist lawyers also regularly advise on reputational issues and action arising from defamation and malicious falsehood.

When faced with an act that puts your reputation or brand at risk, we know that you need immediate advice and action, whether that involves making an urgent application to the Court for an injunction, or something else. We can advise on the options available to enable you to make an informed, commercial decision to protect your business.

Early expert advice is key to putting the right strategy in place and getting on the front foot in any dispute, giving you the best chance to resolve the situation quickly and effectively.

Restrictive Covenants & High Court Employment Disputes

We have experience in advising on various types of disputes relating to restrictive covenants

Contracts often include clauses that restrict the actions of an employee, director or agent, both during the contract and after it has ended. Litigation relating to these types of clauses, however, is not always straightforward.

For employers, a breach of these terms can have potentially disastrous consequences for your business. For an employee being faced with a claim, it can have a significant impact on your personal and professional life.

Whichever side you are on, we understand the pressures you are faced with and the need for clear advice and urgent action. We will work with you to resolve the dispute in the most effective and efficient way we can, whatever outcome you are looking for.

We have considerable experience in advising and representing various types of clients in disputes relating to restrictive covenants including:

• The enforceability of the clause

• Applications for interim injunctions

• Claims for damages and other remedies

• Negotiating settlements, before or after the commencement of Court proceedings

Early expert advice is key to putting the right strategy in place and getting on the front foot in any dispute, giving you the best chance to resolve the situation quickly and effectively.

Construction Disputes

We have experience with all forms of dispute resolution, as well as advising on standard industry form contracts

Construction projects so often involve technical and logistical complexity, unforeseen issues and multiple parties. Against that backdrop, even where there has been very careful planning, disputes can commonly arise which, if not dealt with quickly and effectively, can have serious economic consequences for all involved.

Our lawyers understand the commercial and technical aspects of construction contracts so they can get to grips with your project quickly with a view to getting to the true dynamic of the dispute and devising the most effective resolution strategy.

We have experience with all forms of dispute resolution including adjudication, arbitration, litigation, negotiation and mediation as well as advising on the standard industry form contracts such as JCT and NEC.

We advise on a broad range of construction related matters including:

• Defective design/workmanship/materials

• Extensions of time/delay & disruption

• Payment notices

• Claims for loss and expenses

• Termination, and liquidated damages

Early expert advice is key to putting the right strategy in place and getting on the front foot in any dispute, giving you the best chance to resolve the situation quickly and effectively.

Insurance Disputes

We deal with the full range of policy issues and have a breadth of experience working for insurers, policyholders and brokers

We have a breadth of experience working for insurers, policyholders and brokers alike. We know how our opponents think because we have seen coverage disputes from every perspective.

We bring that experience and expertise together for each of our clients. We have dealt with the full range of policies including:

• Professional indemnity insurance

• Product liability insurance

• Employer liability insurance

• Legal expenses insurance

• General business insurance

How we work

We will give you a frank assessment of the merits of your case and we will tell you what we think you can achieve. This doesn’t always coincide with the merits. You don’t necessarily want to hear our war stories (though we are happy to tell them) but we obtain results for our clients, often against the odds.

That comes from combining excellent technical understanding with a genuine passion for devising the right strategy to achieve the best result possible.

Our services

We deal with the full range of policy issues, including:

• Scope of insurance and exclusions

• Misrepresentation and non-disclosure

• Conditions precedent and subsequent

• Financial limits and excesses

Early expert advice is key to getting the right strategy in place and get on the front foot in any dispute. This will help you make the right decisions and give you the best chance to resolve the situation quickly and effectively.

Professional Negligence

We represent claimants, defendants and insurers alike, in disputes arising from advice given by professionals

We are experts in the effective resolution of professional negligence claims.

Unlike most law firms, we represent claimants, defendants and insurers alike, in disputes arising from advice given by professionals. The rare breadth of tactical perspective this gives us is used to every client’s advantage.

Our lawyers have successfully resolved claims in every professional sector including those involving solicitors, barristers, surveyors & valuers, construction professionals, insurance brokers, accountants, financial advisors, IT consultants and professional directors & trustees.

We focus on prompt identification of the true issues, providing our clients with a clear appraisal of suitable options and devising effective strategies for resolution. We then drive the chosen strategy to conclusion.

Our Partners also have many years of experience in dealing with the insurance considerations that almost inevitably arise in the professional liability field. Predicting and addressing insurance issues forms a central part of devising the right strategy in every case we deal with.

Negotiating the best resolution for our clients is what we do best. Our experience of acting from every perspective in professional disputes means we invariably know how our opponents think and how they will approach the claim.

With bases in Bristol & London, and with national and international reach, we will guide you through every step of the dispute process with the sole aim of achieving the best outcome for you.

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isme|&|conversation...
Alistair Stewart talks litigation & legal advice

Alistair Stewart, Partner at Loney Stewart Holland, discusses the mistakes businesses make at every stage of development from a legal perspective. Revealing the pitfalls, the practical solutions to these problems and best of all how to avoid them.

"LSH have a lot of experience supporting SMEs and are skilled at de-escalating disputes so our clients don't get dragged into lengthy and costly litigation."

Director/Owner
Modern Commercial Law Firm