How Litigation Can Protect Your Business Interests
Complex commercial disputes can put your business at risk. An experienced litigation team can be critical in enforcing and protecting your rights. As Head of Litigation at Howells Solicitors, I've seen how proper legal representation makes all the difference in achieving positive outcomes for clients involved in commercial conflicts.
In this guide, I'll explain key aspects of commercial litigation and how our expert litigators can support your business.
What is Commercial Litigation?
Commercial litigation refers to legal proceedings that arise from disagreements between businesses, or between individuals engaged in commercial activities. It aims to resolve disputes through the civil court system rather than criminal law.
In many cases commercial contracts contain an Arbitration clause in which responsibility for determining the outcome of a dispute is vested in an Arbitrator. It is a good idea to include clauses like this in your contracts, as Arbitration can represent an efficient and cost-effective means of resolving a dispute. This is especially the case if you are involved in cross-border contracts, where reference to the London Court of International Arbitration in your contract is often a good idea.
Common types of commercial litigation cases we handle include:
- Breach of contract disputes
- Shareholder partnership disputes
- Intellectual property infringements
- Employment law violations
- Commercial real estate conflicts
- Construction disputes
- Business fraud allegations
- Commercial debt recovery
- Corporate insolvency issues
The risks associated with commercial disputes make litigation support essential. A strong legal team can mean the difference between a positive or detrimental outcome for your interests.
Key Stages of the Litigation Process
Assuming you are not using Arbitration, if you need to take a commercial dispute to court, the key stages of litigation include:
Pre-Action Steps
This involves the initial investigation into the dispute, determining if there are grounds for legal action, put the other party on notice of your claim, trying to settle it without incurring the costs of litigation and sending a letter before action.
Commencing Proceedings
This means formally issuing and serving court proceedings on the defendant once negotiations fail. It initiates legal action.
Case Management
The court sets a timetable for evidence disclosure between parties and other pre-trial steps like witness statements and the instruction of any experts who may be required.
Trial
The court hears evidence from both sides and makes a judgement on the claim. Many cases settle before reaching trial.
Enforcement
If you win, you may need to take steps to enforce the judgement if the defendant doesn't comply voluntarily.
Alternative Dispute Resolution (ADR)
Courts are becoming increasingly anxious to ensure that parties explore ADR, to resolve their disputes outside the Court. This is often through mediation, where the parties meet with a mediator, whose task it is is to try to find a settlement that everyone can accept.
Litigation can be a long process - our team has the tenacity and resources to see it through to achieve the right results.
How A Litigation Solicitor Can Help
An experienced commercial litigation solicitor provides vital assistance by:
- Determining if you have valid grounds for legal action based on the merits of the case.
- Trying resolution through early negotiation before commencing formal proceedings.
- Advising you of your options at each stage of the litigation process.
- Drafting persuasive paperwork like the claim form, particulars of claim, witness statements etc.
- Gathering evidence to support your claim and refute the defendant's arguments.
- Representing you at court hearings, case management conferences and trial.
- Negotiating potential settlement agreements where appropriate.
- Enforcing judgements if the defendant fails to comply after trial.
- Avoiding costly mistakes that could damage your claim.
Expert legal representation significantly improves your chances of a favourable resolution.
Choosing the Right Litigation Firm
Not all litigation solicitors are equal. When selecting legal representation for a commercial dispute, you should look for:
Substantial Experience
Look for lawyers with extensive track records of handling complex high-value commercial litigation. Specialist sector experience is ideal.
Negotiation Skills
The ability to negotiate and mediate early settlements can save significant time and costs.
Courtroom Advocacy
Although a barrister will probably be used at trial, strong courtroom experience and persuasive advocacy skills are helpful, as there are likely to be applications and procedural hearings before the court prior to the matter coming to trial.
Resource Depth
Pursuing commercial claims requires substantial resources for evidence gathering, documentation and court proceedings.
Tenacity
The drive to vigorously pursue just claims to enforcement, no matter how protracted the disputes.
Our Litigation Capabilities
We established our litigation department over 30 years ago. Our team includes highly experienced personnel, we have the capabilities matched to the most complex commercial disputes.
Our key strengths include:
- Senior lawyers with decades of litigation practice: Our team have collectively handled a large number of high-value and intricate business dispute cases.
- Strong negotiation and mediation success: We resolve the majority of claims through settlement, saving our clients significant time and legal costs.
- Courtroom experience: Our lawyers have outstanding advocacy track records, giving clients the best representation.
With our litigation expertise, you can confidently aim for successful outcomes from even the most complex commercial dispute matters.
Get the Strongest Litigation Support
I hope this guide has provided insight into commercial litigation and why our specialist legal services could be crucial for your business dispute situation. Please feel free to contact us for an initial fixed fee consultation to discuss your specific case. With our support, you can tackle commercial conflicts from a position of strength.
