Disputes in business rarely sit neatly in one box. A contractual issue may uncover director misconduct; a shareholder disagreement may expose regulatory breaches; a professional negligence claim may have tax, property or insolvency implications. When a dispute arises, the legal questions, commercial pressures and human dynamics often emerge all at once.

At Fortis Rose, we provide clear, composed representation across the full spectrum of commercial and business disputes. We act for companies, directors, shareholders, partners and high-net-worth individuals, and we are accustomed to dealing with matters where the stakes are high and the issues are layered. Our role is to bring order, strategy and forward momentum to situations that can otherwise become absorbing and unmanageable.

Breadth of Our Commercial Litigation Practice

Our work spans a wide range of disputes, from relatively self-contained claims to long-running and multi-party litigation. We act in the High Court and County Courts, in arbitration and mediation, and in negotiations where a private, commercial solution is in everyone’s interests.

We are frequently instructed in disputes involving:

• Commercial contracts of all kinds (supply, distribution, agency, consultancy, service, IT, outsourcing and joint ventures)

• Shareholder and partnership fall-outs, unfair prejudice claims and boardroom disputes

• Director duties, corporate governance and alleged breaches of fiduciary obligation

• Professional negligence claims against advisers, including solicitors, accountants and other professionals

• Banking and finance disputes, guarantees, indemnities and security enforcement

• Commercial fraud, misrepresentation and breach of confidence

• Intellectual property, confidential information and restrictive covenants (including team moves and business protection)

• Commercial landlord and tenant disputes linked to business operations and premises

• Insolvency-related disputes, including claims brought by or against liquidators, administrators or trustees in bankruptcy

• Cross-border and jurisdictional disputes, including the enforcement of foreign judgments or awards

These examples are illustrative rather than exhaustive. In practice, many of the disputes we handle touch several of these areas at once.

From Early Advice to Final Resolution

We are often engaged at an early stage, before proceedings are issued. That is frequently where the most value can be added. A carefully drafted letter, a firm but measured response, or a well-prepared without-prejudice discussion can alter the trajectory of a dispute before costs escalate.

Where formal proceedings are necessary or already underway, we manage the entire process: from pre-action correspondence and disclosure through witness evidence, expert involvement and interim applications, to trial and enforcement of judgments.

We also advise on alternative forums such as arbitration, adjudication and mediation. The right forum depends on the contract, the parties’ objectives and the nature of the dispute; we help clients understand the advantages and limitations of each and choose the route that best serves their interests.

Contractual and Commercial Disputes

Contractual disputes are at the heart of much commercial litigation. We act where agreements have been breached, performance is disputed, payment is withheld or the parties no longer agree on what was intended. These cases often arise from:

• Supply and distribution arrangements

• Service level and performance-related contracts

• Agency and commission agreements

• Joint ventures and collaboration agreements

• IT, software, licensing and digital services arrangements

Our focus is on understanding not only what the contract says, but how it was intended to operate in practice and what the commercial consequences of each outcome would be.

Shareholder, Partnership and Director Disputes

Disputes between shareholders, partners or directors are often particularly sensitive. They can paralyse decision-making, destabilise staff and damage a company’s reputation if they are not handled with care.

We assist clients in situations involving:

• Deadlocked 50/50 ownership structures

• Excluded or minority shareholders

• Allegations of unfair prejudice or mismanagement

• Disputes over dividends, valuations and exits

• Director misfeasance, conflicts of interest or breaches of duty

These matters require a blend of legal analysis, negotiation skill and a realistic appreciation of what each party needs in order to move on. Wherever possible, we aim to resolve such disputes in a way that preserves value and avoids unnecessary public escalation.

Professional Negligence, Finance and Business Protection

We represent clients bringing or defending claims against professional advisers where negligent advice or conduct has led to loss, as well as those involved in disputes connected to banking arrangements, guarantees and security.

We also regularly deal with disputes designed to protect the integrity of a business, such as:

• Enforcement or defence of restrictive covenants

• Misuse of confidential information or trade secrets

• Unlawful competition or diversion of business

• Team moves and solicitation of key clients

In these cases, speed and precision matter. We are experienced in seeking or resisting urgent interim relief, including injunctions.

Cross-Border, Regulatory and Insolvency-Linked Litigation

Modern commercial disputes frequently cross borders. Assets, counterparties or relevant events may be located in multiple jurisdictions. We advise on jurisdictional challenges, the recognition and enforcement of foreign judgments or awards, and work alongside trusted overseas advisers where appropriate.

We also act in disputes that arise in or around insolvency processes, for example:

• Claims brought by office-holders against former directors

• Challenges to antecedent transactions

• Disputes over security, priorities and distributions

Where regulatory and commercial issues intersect (for example, in tax-related disputes, licensing, or compliance failures giving rise to claims), our regulatory experience allows us to address both the dispute itself and the wider context in which it sits.

Costs, Risk and Settlement Strategy

Litigation is inherently costly, but cost can be managed. From the outset we discuss the likely scale of a dispute, the cost-benefit ratio of different strategies and the tools available to manage risk, such as:

• Staged work and clear budgeting

• Part 36 and other settlement offers

• Mediation and structured negotiation

• Focusing on decisive issues rather than peripheral points

We do not litigate for the sake of it. Where settlement on acceptable terms is achievable, we say so. Where a firm stance or a trial is required, we ensure that clients understand both the opportunity and the risk.

Why Clients Instruct Fortis Rose

Clients instruct us when they want both legal strength and thoughtful judgment.

They value:

• Our ability to distil complex situations into clear options

• Our willingness to provide realistic, not optimistic, assessments

• Our steady handling of situations that may already feel volatile

• Our focus on achieving outcomes that work in the real world, not just on paper

We recognise that every dispute has a human side: reputations, relationships, careers and family interests are often intertwined with the underlying commercial issues. We act with discretion and balance, always conscious of the wider picture.

An Illustration of Our Work

We were recently instructed by a shareholder facing exclusion from the management of a profitable company. The situation was highly charged and involved allegations of breach of duty, misuse of company funds and misrepresentation. By analysing the evidence in detail, setting out a coherent and firm case, and engaging in targeted negotiations at the right time, we helped secure a resolution that protected our client’s economic position, avoided a prolonged public trial and allowed the business to continue under a stable structure.

If a Dispute Is Emerging or Already Underway

If you are facing a dispute, or if you suspect one is beginning to develop, early advice can change the course of events. Understanding your position before others have fully formed theirs can be a significant advantage.

We can review your situation, identify the key issues and help you decide on a strategy that protects your interests without unnecessary escalation.

To discuss a current or potential dispute, contact us in confidence.