Dispute Resolution

Dispute Resolution

At Duan & Duan UK LLP, we fight fiercely for our clients and always protect their interests.

Our dispute resolution team comprises experienced solicitors and a practising barrister who combine strategic thinking with practical commercial awareness. We act for businesses, individuals, and international clients across the full spectrum of civil and commercial disputes in England and Wales.

We understand that disputes are disruptive and costly. Our approach is focused on achieving the best possible outcome as efficiently as possible -€” whether through negotiation, mediation, arbitration, or litigation. We are not afraid to take cases to trial when that is what our clients' interests demand, and we have a strong track record of doing so successfully.

Duan & Duan UK LLP is frequently instructed in cases where we are not the primary counsel, providing strategic second opinions and fresh perspectives that help unlock difficult disputes. Our bilingual English-Chinese capability means we are particularly well placed to handle cross-border matters involving Chinese businesses and individuals.

Commercial Disputes

Commercial disputes are an inevitable part of business life. Whether the disagreement involves unpaid debts, breach of contract, misrepresentation, or the interpretation of a contractual clause, the consequences for a business can be severe if the matter is not handled properly from the outset.

We act for claimants and defendants in commercial disputes at all levels of the English court system, from the County Court to the High Court and the Court of Appeal. Our team has particular experience in contractual disputes, debt recovery, agency and distribution agreements, supply chain disputes, and disputes arising from international trade.

We always consider the commercial context. Before recommending litigation, we explore whether the dispute can be resolved through negotiation, mediation, or other forms of alternative dispute resolution. When court proceedings are necessary, we pursue claims vigorously, taking all necessary steps to protect our clients' commercial interests.

Shareholder & Investor Disputes

Disputes between shareholders, directors, and investors can threaten the viability of a business. These matters often involve allegations of breach of fiduciary duty, unfair prejudice under section 994 of the Companies Act 2006, minority shareholder oppression, and disagreements over company management, dividend policy, or exit strategy.

Our dispute resolution team has significant experience in shareholder and investor disputes, including urgent applications for injunctive relief, petitions under Part 30 of the Companies Act, and negotiated buy-outs and settlements. We take the time to understand the commercial dynamics at play and tailor our strategy accordingly -€” whether that requires a diplomatic approach or decisive court action.

Fraud & Asset Recovery

Fraud cases demand speed, discretion, and specialist expertise. We act for victims of fraud in obtaining freezing injunctions (including worldwide freezing orders), Norwich Pharmacal orders for third-party disclosure, search orders, and receivership orders. We also advise on asset tracing strategies, working with forensic accountants and specialist investigators to identify and preserve assets.

Our team has handled complex fraud and asset recovery cases involving misappropriation of company funds, Ponzi schemes and investment fraud, breach of trust and fiduciary duty, and fraudulent transfers designed to defeat creditors.

In cross-border fraud cases, we coordinate with lawyers in other jurisdictions -€” including China, Hong Kong, and the BVI -€” to ensure that assets are preserved and enforcement action is taken wherever the assets are located.

Landlord & Tenant Disputes

Whether you are a commercial landlord seeking to recover unpaid rent or a residential tenant facing an unlawful eviction, we can help. Our team advises on all aspects of landlord and tenant law, including forfeiture and relief from forfeiture, dilapidations claims, service charge disputes, lease renewals under the Landlord and Tenant Act 1954, and possession proceedings.

Property disputes often require urgent action, and we are experienced in obtaining and defending interim injunctions to preserve the status quo. We understand that the relationship between landlord and tenant is often a continuing one, and we will always explore whether the dispute can be resolved without damaging that relationship.

Professional Negligence

When a professional -€” whether a solicitor, barrister, accountant, financial adviser, or immigration adviser -€” falls below the standard of care expected of them, the consequences for the client can be significant. We act for both claimants and defendants in professional negligence disputes, giving us a comprehensive understanding of both sides of these claims.

Our professional negligence practice covers claims against solicitors and barristers for negligent conduct of litigation, claims against accountants and financial advisers for negligent advice, claims against immigration advisers for mishandled visa applications, and claims against surveyors, architects, and other construction professionals.

Cross-Border Disputes

Cross-border disputes raise complex questions of jurisdiction, applicable law, service of proceedings abroad, and international enforcement. These issues are central to our practice.

We advise on whether the English courts have jurisdiction over a dispute, and whether England is the most appropriate forum. We assist with service of proceedings outside the jurisdiction under CPR Part 6, and we advise on the recognition and enforcement of foreign judgments in England -€” including Chinese court judgments, which require a common law action in the absence of a bilateral treaty.

For clients who anticipate cross-border enforcement needs, we advise on the strategic benefits of London arbitration, which produces awards enforceable in over 160 countries (including China) under the New York Convention 1958.

Our bilingual team communicates directly with Chinese-speaking clients and counterparties, reviews Chinese-language documents, and coordinates with partner firms across China and Asia to deliver integrated cross-border legal services.

Contact Duan & Duan UK LLP -€” If you are involved in a dispute and need experienced, commercially-minded legal representation, contact our team for a consultation. Call +44 20 3036 0264 or email office@duanduanuk.com.

Need help with Dispute Resolution?

Contact our team for a confidential discussion about your matter.


Get in Touch

Frequently Asked Questions

What is dispute resolution and how does it differ from litigation?

Dispute resolution is the broad term for resolving disagreements between parties. It includes litigation (court proceedings) as well as alternative methods such as mediation, arbitration, and negotiation. At Duan & Duan, we advise on the most appropriate and cost-effective route for each client's circumstances.

How long does a dispute resolution case typically take?

Timescales vary significantly depending on the complexity and nature of the dispute. Mediation can resolve matters within days, while court proceedings for complex cases may take 12 to 18 months or longer. We provide realistic timescale estimates at the outset and work to resolve matters as efficiently as possible.

What are the costs of pursuing a dispute through the courts in England?

Costs depend on the value and complexity of the claim. We offer transparent fee structures and provide detailed costs estimates before you commit. In many cases, the losing party is ordered to pay a proportion of the winning party's legal costs, which we factor into our strategic advice.

Can you help resolve disputes without going to court?

Yes. We are strong advocates of alternative dispute resolution (ADR) where it serves our clients' interests. This includes mediation, arbitration, expert determination, and structured negotiation. ADR is often faster, less expensive, and more flexible than court proceedings.

Do you handle cross-border disputes involving Chinese parties?

Absolutely. As a bilingual firm with deep expertise in cross-border matters between China and the UK, we regularly act in international disputes involving Chinese individuals and businesses. We understand the cultural and legal complexities involved and can coordinate with Chinese legal counsel where necessary.