Disputes between businesses can arise for a number of reasons but amongst the most common are issues relating to business partners, performance of contract and non-payment of goods or services.

Chasing unpaid invoices or dealing with disputes relating to contracts can be stressful, tying up valuable resources and often putting significant financial pressures on a company.

Furthermore, if not handled correctly they can often damage a party’s reputation or an ongoing commercial relationship, so it is wise to seek early legal advice.

There are a number of ways to resolve commercial disputes including the following most commonly experienced options:

• Negotiation
• Mediation
• Court proceedings

When a dispute arises then your first and most preferable option is to contact the other party and come to an informal agreement. It is important to ensure the conversation does not become heated as this will be counter-productive to your goal of seeking to find common ground so that a resolution can be agreed upon.

A further option to consider is mediation. This option has a number of advantages. Not only is it far less costly and drawn out than litigation. it is also far less damaging to commercial relationships.

A mediator is an independent, impartial, and professional third-party whose role is to assist those involved in a dispute to reach a mutually acceptable settlement. Because a mediator is neutral, they will not judge the rights and wrongs of the case or give legal advice.

The process is voluntary and relies upon finding a successful compromise that allows all parties to conclude the dispute and draw a line under the matter.

With the dispute successfully resolved, without acrimony to the satisfaction of both parties, it is possible to move forward and rebuild a professional working relationship.

The final option, if the above alternative dispute resolution processes have not been successful or are not considered appropriate at a particular point in time, is for the matter to be brought before the courts.

Whichever option you choose, it is important to seek legal advice as early as possible. The Commercial Disputes Team at Palmers have experience of resolving a wide range of disputes and, using our in-depth knowledge to achieve your desired commercial outcome, we will work with you to ensure minimum disruption and cost to your business.

Additionally, our Director, Luke Morgan, is also a qualified Civil and Commercial Mediator, associate member of the Civil Mediation Council, Associate Member of the Chartered Institute for Arbitrators and Registered Member of the International Mediation Institute. As such, Luke is able to offer a range of commercial mediation services.

For more information on commercial disputes, please get in touch with us now.

The official registry for UK domain names released its 2021 figures for its Dispute Resolution Service (DRS) recently and revealed that disputes were the lowest they have ever been.

The DRS began in 2001 and, in 2021, only 548 complaints were filed regarding domain names. The total domain names related to these complaints was 623 and represented just 0.0056 per cent of the register.

In 2021, 43 per cent of these disputes ended with a domain transfer. Since 2018 there has been a steady decrease in these transfers:

• 2018 – 49 per cent
• 2019 – 47 per cent 
• 2020 – 46 per cent 

The service revealed that UK disputes have involved various well-known brands and educational companies, such as Bosch, Petplan UK, Nokia, the Admiral Insurance Group, Tesco, and Taylor Wimpey, and also parties such as The University of Westminster, the Little Caesars pizza chain, the glassmaker Bormiolo Luigi, and the Gainsborough Theatre Company. 

Mario Mastantuono, a Solicitor with Palmers who specialises in IP matters, said: “Although the reduction in domain names disputes is good news, it is still vital that businesses continue to actively protect their intellectual property which is as valuable as cash in the bank.

“Businesses need to ensure that others do not unfairly benefit from their creations and, if a dispute should arise, it is imperative to seek prompt legal advice so that immediate injunctive or other action can be taken on your behalf to protect your business assets.”

At Palmers Solicitors, we provide clear and frank advice on protecting, licensing or transferring IP rights and the action that should be taken if a dispute occurs relating to your brand. For more information, please contact us.

The ‘gender pay gap’ deadline is rapidly approaching and employers need to make sure they are prepared to accurately submit data to the Government.

Here, Samantha Randall, an Associate Solicitor with Palmers, who specialises in employment law, explains the gender pay gap rules and the process for reporting figures:

The gender pay gap is the difference in average earnings between women and men. Employers with more than 250 staff must report their organisation’s gender pay gap by the end of the financial year.

According to figures from the Office for National Statistics (ONS), the pay gap has been declining slowly over time. Over the last decade, it has fallen by approximately a quarter among both full-time employees and all employees.

The deadline for reporting by public sector employers, private sector employers, and voluntary organisations in 2021 was put back until midnight on 4 October 2021 because of the pandemic.

Enforcement for the reporting year 2019/20 was suspended in March 2020 at the start of the pandemic.

For 2022 it reverts to the normal timescales, so the deadline for public sector employers to report their data is now 30 March 2022, with a snapshot date of 31 March 2021.

For private sector employers and voluntary organisations, the deadline is 4 April 2022, with a snapshot date of 5 April 2021.

Calculations will be based on payroll data drawn from a specific date each year, known as the ‘snapshot date’.

This determines who counts as an employee for gender pay gap reporting, your employees’ hourly pay and the date which you must report and publish your information, which is within a year of the snapshot date.

Businesses must publish the data on their own website and the Government gender pay gap reporting website.

The Government Equalities Office says companies must report:

• Percentage of men and women in each hourly pay quarter
• Mean gender pay gap
• Median gender pay gap
• Mean bonus gender pay gap
• Median bonus gender pay gap
• Percentage of males and females receiving a bonus payment

Mean is the average hourly rate of pay, calculated by adding the hourly pay rate for employees then dividing by the number of employees.

Median is calculated by listing all male and female employees’ wages from highest to lowest and comparing the number that sits in the middle for each gender.

Publishing an action plan that explains how you intend to tackle your gender pay gap is also an option.

Employers that fail to report on time, or report inaccurate data, will be in breach of the regulations and risk facing enforcement action from the Equality and Human Rights Commission (EHRC), leading to court orders and fines.

For help and advice on all employment law matters including gender pay gap reporting, please contact our expert team.