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Dispute resolution and prevention for your business

Prevent claims and disputes against your business with effective risk assessment and management.

Alternative dispute resolution

A less adversarial approach to resolving disputes enabling both parties to reach a workable, mutually agreeable commercial solution.

Commercial litigation

Minimise disruption and achieve the outcomes you need in commercial disputes.

Truck cartel claims

If you have purchased medium or heavy trucks between 1997 and 2011, it may have suffered a loss as a result of cartel activity. We can help you make a claim for compensation.

How we can help you

Dealing with and resolving disputes can be a difficult process.

Our creative, solutions-based approach helps you set realistic goals from the outset and tailor the strategy that best meets your needs and objectives. Working together, we keep you informed and in control throughout the process.

We also conduct risk reviews that help us understand and reengineer your business processes to mitigate risk in the future and make sure the same problems don’t reoccur.  

Read more…

Get in touch with us

Andrew Frake Partner Dispute Resolution asb law Crawley

Andrew Frake

Partner
Andrew is an experienced commercial litigation lawyer specialising in complex commercial disputes.

Tell us a bit about you and the issue and we can get ahead of the game.

Dispute prevention

How can I avoid commercial disputes that threaten my business?

We take a risk-managed approach to dispute prevention and strive to anticipate and manage business issues before they escalate rather than just respond to them.

We offer early risk assessment on problem contracts and commercial disagreements before you need to enter a dispute prevention process. Our process mapping techniques help identify risks quickly and often bring to light simple steps you can immediately take to manage or mitigate their impact.

By working with us to identify similar issues that could result in litigation in the future, you can preserve management time, save money on uncertain legal costs and maintain valued relationships.

Contact us to find out more

Alternative dispute resolution

Are there alternatives to lengthy and costly court procedures?

Legal action can take up significant management time and incur unwelcome costs. And not only is the outcome uncertain, it often fails to provide the best commercial solution.

Alternative dispute resolution (ADR) offers a less adversarial approach to resolving disputes and so can help preserve your ongoing business relationships.

ADR enables both parties to reach a workable, mutually agreeable commercial solution.

Compared to the more rigid litigation process, ADR also helps you control the amount of time and money you invest in resolving a dispute.

We’ll discuss the type of ADR you may need at the outset of any dispute and advise you on the most effective approach to take.

Contact us to find out more

Commercial litigation

What help can I get when litigation is the only answer?

Commercial disputes are an inevitable part of business. When litigation does arise our expert business and corporate litigation lawyers work with you to support and understand your business and how you want to proceed.

Whether you’re defending a claim or making one, our aim is to minimise the disruption and help to deliver the outcome you need, quickly and efficiently.

Using sophisticated project management technology, we collaborate effectively with you and any third parties that may be involved. This helps us stay cost-effective, working to your budget, and where appropriate, advise on funding options.

Contact us to find out more

asb law truck cartel claims

Damages claims: EC Truck Cartel

If you have purchased medium or heavy trucks from MAN, Volvo/Renault, Daimler, Iveco, DAF or Scania between 1997 and 2011, it is highly likely that you may have suffered loss as a result of cartel activity by these manufacturers.

The cartel decision

In July 2016, five of the biggest truck manufacturers were fined €2.93bn by the European Commission for engaging in a price fixing cartel.

The key findings were that MAN, Volvo/Renault, Daimler, Iveco and DAF broke anti-trust rules by engaging in a cartel by price-fixing and passing on costs of implementing emissions technologies. In September 2017, Swedish truck maker, Scania, was also found to have been part of the cartel.

Actions for damages

Any business which made purchases of medium or large trucks from these manufacturers in this period is likely to have made significant losses because of the cartel. Businesses can now bring damages claims for the losses suffered. These claims are very difficult for manufacturers to defend because the EC findings are binding proof that the cartel existed and the truck manufacturers have themselves admitted the breach. The EU Antitrust Damages Directive also simplifies the process for bringing a claim.

Who is affected?

The price-fixing took place over a 14-year period (between 1997 and 2011) and relates to medium (6 to 16 tons) and heavy (over 16 tons) trucks.

Anyone who bought or leased medium and heavy trucks during this period is entitled to bring a claim for losses suffered. These losses are likely to be in the region of 10-25% of the truck purchase price.

How can your business bring a claim?

If you think your business may be eligible to make a claim, the first step is to appoint legal advisers to help you assess the best option open to you.

asb law LLP is recommended by the Freight Transport Association (FTA) to represent its members in making a claim. We are already acting for FTA members, including large household names, and are committed to making sure that claims, whether large or small, are pursued as efficiently and cost-effectively as possible.

Each case is assessed with you at the outset to find out what the best course is for your business. We’ll discuss all funding options available and help you to identify the most suitable funding model for you.

Funding options include:
  • independently funded terms (similar to no-win-no-fee – where a third party funder pays your legal fees and gets paid out of your damages
  • various types of no-win-low-fee agreement
  • conventional hourly fee arrangements and fixed fees

For further details or to discuss your potential claim, contact Sarah Clark on +44 (0)1293 603655 or send a message.

How we help make a claim for compensation against truck manufacturers.

Debt recovery

Proactive support to recover your debts quickly and efficiently

Debt can have a negative impact on day to day operations in any size business. Being paid promptly is critical — unpaid monies soon add up, and can reduce real profit considerably.

We have in-house expertise in collecting debts to help improve cash flow, turn balances into net profit, and reduce bad debts. We tailor our approach to suit your needs and objectives. We will work with you as an extension of your business.

You’ll benefit from a personalised case management system and fixed-cost pricing — meaning our debt recovery services are carried out seamlessly and cost-effectively.

We manage both contested and uncontested claims, including volume instructions, on a nationwide basis.

Costs estimate for asb law defending the claim up to the employment tribunal hearing

Stage Our Fees Court Fees
Letter Before Action £250 + VAT Up to 5% of the value of the claim
Issue Proceedings £250 + VAT Up to 5% of the value of the claim
Judgment in Default £100 + VAT Up to 5% of the value of the claim
Enforcing the Judgment    
Charging Order (**) £450 £110
Attachment of Earnings (**) £250 £110
Third Party Debt Order (**) £400 £110
Application to obtain information (**) £250 £55
Warrant (Sheriff Enforcement) (***) £150 £66 - £110

Version created 13/12/2018

To assist you in deciding whether or not to instruct us to recover your debt, you will receive a detailed scope of work including fixed fees for each phase of the project. 

Our debt recovery team has over 20 years of collective experience in delivering high quality work in relation to debt recovery and litigation. We have 10 members of the team who may work on your matter. In order to help manage costs, undisputed cases will typically be dealt with by a trainee solicitor, paralegal or junior solicitor under supervision of a partner. Disputed debts will usually be dealt with by more senior members of staff. The debt recovery team is supervised by Andrew Frake, Partner, Dispute Resolution.

See more details and profiles of our debt recovery team. If you have any queries, please contact Michael Olley, Solicitor, Dispute Resolution.

 

Full details of what is included is available to download - Pricing sheet (pdf)

 

Please note that any non-standard correspondence (i.e. anything outside the standard process set out below including any negotiations) with you, the debtor or a third party which fall outside of the above scope may be charged on a time spent basis unless otherwise agreed.

** Up to and including the first hearing only. All hearings will be attended by an agent and charged as an additional disbursement. Typically agents fees range from £150-£300 for attendance at a single hearing.

*** The Sheriff will attend the address of the debtor to attempt to secure payment or take possession of property belonging to the debtor. An abortive fee of £75 will be charged in the event of an unsuccessful execution.

For full details of Court Fees, please visit link to Court Fees website.

Based on the above pricing, the fees charged for a typical action to recover an undisputed debt will be between £250 and £1,050 plus VAT and disbursements.

Please note that the costs information provided above is generalised information regarding costs. If you have any specific queries or questions, please contact us – we would be happy to discuss and provide you with personalised information tailored to your particular matter.

Key stages in debt recovery process are as follows:

  • The process usually starts by sending a letter before action to your debtor. We will report to you and advise you on the response received, collect payment of the debt or agree payment terms if appropriate (any negotiations will fall outside of our fixed costs set out above).
  •  If we do not receive a response and the debtor fails to make the payment the next stage is likely to be to issue proceedings.
  • This will involve preparing a Claim Form and Particulars of Claim, issuing the claim and arranging for service (which is likely to be undertaken by the Court). An issue fee will be charged by the Court which we will re-charge to you as a disbursement.
  • If no acknowledgment of service is filed and/or the claim is not defended but the debt is not paid in full we will request judgment in default. Once we have received the judgment, we will report back to you and discuss enforcement options.
  • Enforcement is the process required to secure payment of your debt or obtain security for the sums owed to you. The options are as set out in our pricing structure above. We may also consider insolvency action against the debtor but this falls outside our pricing structure above.

 

Factors that can make a claim more complex and affect pricing

For disputed debts we will seek to agree a fee arrangement that suits your needs. In many cases this will be on a fixed-fee basis, but those fees will vary depending on various factors including:

  • Value
  • Complexity
  • Urgency
  • The nature and location of the Defendant
  • The tactical approach adopted

 

How long will it take to recover the debts?

For undisputed debts, it usually takes between 2 and 12 weeks from receipt of instructions from you to receipt of payment from other side, depending on whether or not it is necessary to issue a claim.

This is on the basis that the other side pays promptly on receipt of judgement in default. If enforcement action is needed the matter may take substantially longer to receive.

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To start a conversation about how we can help you get the outcome you want

Call us on +44 (0)345 521 4545 or send an email.