What is Commercial Litigation?
Commercial litigation is a legal proceeding initiated by one party against another party for breach of contract. A dispute can be either between companies or individuals.
There are many different types of commercial disputes we routinely deal with, including:
- Claims for breach of contract;
- Claims against debtors for non-payment of invoices
- Business debt recovery
- Business partnership disputes
- Construction disputes
- Shareholder Disputes
- Director Disputes
The term "litigation" refers to the legal action taken in response to a claim that a party has breached a commercial agreement. For example, if you signed a lease agreement promising to pay rent, you might be sued by the landlord if you fail to do so. Suppose you sign a contract agreeing to be provided with goods or services by someone else. In that case, you could sue for damages if they fail to deliver what they promised.
In most cases, both sides will try to settle their differences out-of-court before going to court. However, sometimes one side refuses to compromise and insists on going to court. In this case, it's called "commercial litigation."
How are commercial disputes dealt with?
When an individual or a company become involved in litigation, it often causes stress and anxiety, even if no formal legal action is ever taken.
This could be because of the uncertainty surrounding the situation or because you don't want to take any unnecessary risk.
In either instance, knowing where to start can be extremely difficult, especially if you're not used to handling such matters yourself.
We have provided clients with advice and support in commercial disputes since 2011. Our solicitors have extensive experience working in both civil and criminal courts.
We know that sometimes, keeping business relationships intact maybe your top priority. However, making sure you get paid what you're owed may be most important.
What are the costs of proceeding with commercial litigation?
We will always advise you as soon as possible about achieving the best possible outcome for you or your company. We will provide a confidential initial assessment of your case's likely cost and risk.
We will always try our best to keep your legal costs down by negotiating with your opponents instead of going to court.
Resolving commercial disputes without going to court.
Going to court against someone could damage your business relationship with them for good. For this reason, we won't ever go to court against someone unless we've exhausted every other option available.
We understand that you might not want your relationship with your supplier entirely to end. Clients often want their disputes resolved so they can continue doing business together. It is important for both parties to feel comfortable moving ahead after any disagreements have been resolved.
Our dispute litigation solicitors have vast experience in resolving disputes through alternative dispute resolution techniques such as arbitration, mediation, and expert determination. We will never force you into using any method; however, if you're interested in trying one of them, we will always discuss them with you when they seem appropriate.
What to do next.
If someone has issued proceedings against or taken legal action against you, it is crucial to act promptly. You could potentially face serious consequences if you don't take steps to defend yourself properly.
The law expects people to deal quickly with disputes, so you should seek legal advice immediately. This will give your solicitor enough time to prepare your case and advise you on what needs to be done next.
If you'd like to talk to someone about how we might be able to help resolve a business dispute, feel free to call us at any time on 01902 504 411 or fill in the form below with your details and one of our commercial litigation solicitors will aim to get back to you within 24 hours.