We understand that there are certain things you want from your litigation lawyer – a confidence that we’re capable of fighting your corner but also that we’ll do it cost effectively and with minimum impact on your business. This is always at the front of our minds when resolving disputes.
We’ll consider alternatives to court, and if these aren’t an option we’ll use our skills to resolve problems constructively. Each case is different, and we treat it that way, tailoring our decisions to get the right results for your business.
How can our commercial litigation solicitors help?
Our team of litigators act for defendants and claimants, extending from private individuals to multinational corporations and insurers, we also assist small and medium businesses too. Everyone receives the same commitment from us as we try to resolve disputes as quickly and as fairly as we can.
We’ve developed a team of commercial litigation solicitors who offer specialist advice about strategy, prospects of success and costs. In many cases, we can provide initial advice at the outset for a fixed cost.
We advise clients about the prospect of a commercial litigation claim or defence succeeding, and keep that advice under review as the case progresses. That is particularly important as evidence and other documents are disclosed, or as evidence is gathered on your behalf. As well as that is advice about the cost and benefit of any particular course of action.
That then means that you are able at each stage to make informed choices about how to proceed going forward.
Our litigation solicitors have a wealth of experience and expertise so we can handle claims from the high value to the highly sensitive. Our experience includes:
- Commercial agents’ or distributors’ disputes
- Companies Act disputes / company register rectification
- Competition law
- Contract disputes
- Corporate disputes, including director / shareholder / partnership disputes and claims arising out of the sale or purchase of a business
- Debt recovery
- Defamation (libel / slander)
- Emergency injunctions
- Enforcement of judgments
- Fraud claims, including freezing injunctions
- Insolvency litigation, including appointment of administrators
- Insurance litigation
- Intellectual property / IT claims, including passing off and trade mark disputes
- Judicial review
- Listed companies’ schemes of arrangement, reduction of share capital, changes to share premium accounts or merger reserves
- Misrepresentation claims
- Procurement / public contract disputes
- Product liability disputes
Updates and Training: we want to help our clients avoid having to deal with legal claims, so we’ve also created a risk management training programme. Emphasising prevention over cure, our team will highlight recent developments in law, allowing you to manage risks more effectively.
What is the process of a commercial litigation case?
Every case is different so the advice which we give you will necessarily be directed at your particular circumstances. In general terms, cases go through these stages:
- Pre-action / investigation: Usually, a prospective claimant will send a letter of claim or letter before action which sets out the claim, the prospective defendant will then investigate and respond. We can provide very useful advice to clients if instructed at an early stage. That then helps you to lay the groundwork to protect your position as far as possible. This includes advising about what information needs to be provided to the other parties, and what information should be provided by them to you.
- Alternative dispute resolution (ADR): although settle claims attempts can be made at any stage and so permeate the whole process, the pre-action protocols encourage the parties to consider ways of making offers early, before the stakes get too high. Our commercial litigation team includes experienced negotiators, who can advise you about the options and how best to approach “without prejudice” offers, mediation and other settlement dialogue.
- Court proceedings: the key stages often involve setting out the claim and defence, disclosing documents, exchanging evidence including experts’ reports and a final hearing. We provide our clients with advice to guide them through each step of the way.
- Appeals: our litigation lawyers have dealt with appeals at every level, including in the Court of Appeal and former House of Lords. Therefore we are well placed to advise about appeals if it becomes necessary
How long does it take?
The length of a case depends on a large number of factors, including the success of negotiations and the court’s timetable.