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Taylor Rose's commercial litigation solicitors help businesses recover substantial unpaid invoices, contractual payments and other commercial debts. We typically become involved where the debt is significant enough to justify solicitor-led recovery, or where there are complications which make a standard debt collection process unsuitable.
This may include debts which are disputed or likely to be disputed, substantial sums owed by a single customer, multiple invoices involving the same debtor, concerns about the debtor's financial position, or cases where preserving an important commercial relationship matters.
We can take matters from an initial demand for payment through negotiation, court proceedings and enforcement.
Speak to our debt recovery solicitors about the quickest and most commercially sensible route to recovering what you are owed.
The right approach depends on more than simply whether an invoice is overdue. Before taking action, it can be important to understand why payment has not been made, whether the debtor has a credible defence and whether they are likely to have the means to pay.
Our lawyers can:
Assess the debt and supporting evidence – reviewing contracts, purchase orders, invoices, correspondence and payment history to establish the strength of your position.
Advise where payment is being disputed – including alleged defective performance, contractual breaches, set-off, counterclaims or arguments about what was agreed.
Send a formal demand for payment – setting out the legal basis of the debt, the amount due and the consequences if payment is not made.
Negotiate payment – including lump-sum settlements, instalment arrangements and appropriate security where immediate payment is unrealistic.
Advise on interest and recovery costs – including contractual interest and, where applicable, rights under late-payment legislation.
Issue and manage court proceedings – where the debtor will not pay and litigation is commercially justified.
Respond to a defence or counterclaim – where what initially appeared to be straightforward debt recovery develops into a contractual dispute.
Advise on statutory demands and insolvency options – where appropriate, while avoiding inappropriate use of insolvency procedures where a debt is genuinely disputed.
Enforce judgments – advising on the most effective enforcement options if obtaining judgment does not result in payment.
For smaller, routine and undisputed invoices, businesses may use internal credit control or volume debt collection processes.
Our service is particularly suited to more substantial commercial debts, commonly tens or hundreds of thousands of pounds, where the potential recovery justifies individual legal attention.
That distinction is important because the objective is not simply to send increasingly threatening letters. For a £50,000, £150,000 or £500,000 debt, the creditor should normally be considering the strength of the legal claim, likely defences, the debtor's ability to pay, litigation costs and the most effective pressure or enforcement strategy.
Examples include:
a substantial invoice or series of invoices which remain unpaid;
professional fees which a client is refusing to pay;
money due for goods or services supplied under a commercial contract;
unpaid construction, consultancy or project fees;
commission or other contractual payments;
a customer alleging poor performance to avoid or reduce payment;
a longstanding customer experiencing financial difficulties;
a debtor offering substantially less than the amount owed;
concerns that assets may be moved or the debtor may become insolvent; and
a debt where previous demands and credit-control efforts have failed.
This is where solicitor-led debt recovery can become particularly valuable.
Debtors commonly respond to demands by alleging that:
the goods or services were defective;
work was incomplete or delayed;
the amount invoiced was not agreed;
they have suffered losses which should be set off against the debt;
another company or individual is responsible for payment; or
the creditor has itself breached the contract.
A disputed debt should not simply be treated as an overdue invoice. Our commercial litigation lawyers can assess the underlying contractual position, the strength of any defence or counterclaim and whether negotiation, settlement or proceedings offers the best commercial route forward.
This is an extremely important consideration, particularly before issuing proceedings.
We helps clients consider the value and strength of the claim, likely legal costs, prospects of recovering some of those costs, the debtor's apparent ability to pay and available enforcement options.
A strong legal claim against a company with no assets may have little practical value. Conversely, where a substantial and recoverable debt is owed by a solvent business, decisive legal action may be commercially justified.
Our role is therefore not simply to pursue the debt, but to help you make informed decisions about how much time and money it is sensible to invest in recovering it.
Taylor Rose combines debt recovery capability with the experience of a substantial commercial litigation practice.
This is particularly useful where a debt cannot safely be treated as a routine collection exercise. If contractual interpretation, counterclaims, insolvency concerns, director issues or other complications arise, we have lawyers with the wider expertise needed to deal with them.
We act for businesses nationally and can manage matters from the first substantive demand through contested proceedings and enforcement.
If your business is owed a significant sum, getting legal advice early can clarify both your legal position and the most effective route to payment.
Contact Taylor Rose to discuss the debt, the debtor's position and your recovery options.
Telephone -
9am to 5pm
Partner, Head of Group Litigation & Interim Head of Commercial Litigation
Costs depend heavily on whether the debt is undisputed and paid following a solicitor's demand or develops into defended proceedings. We can explain likely costs and proportionality before significant work is undertaken.
We are a large and fast growing law firm. We have a number of offices in London, together with a large office in Peterborough and other office locations. We have good coverage throughout England & Wales.
Potentially. Interest may be payable under the contract, legislation governing late payment of commercial debts or as part of court proceedings. We can advise which basis applies.
Sometimes, but not necessarily in full. The position depends on factors including the contract, the value of the claim, how proceedings are allocated and what happens during the case.
Only in appropriate circumstances. Insolvency procedures should not generally be used as a substitute for resolving a genuinely disputed debt. We can advise whether an insolvency route is available and tactically sensible.
We can consider whether an instalment arrangement, settlement, security or enforcement action is appropriate. Before incurring substantial legal costs, it is important to consider whether the debtor has assets from which a judgment could realistically be satisfied.
Call the Taylor Rose team or fill out the form below and we will get back to you as soon as possible.
Telephone opening hours -
9am to 5pm
