A Guide To Commercial Litigation

It’s not unusual for disputes to occur in the business world. However, these disputes can be time-consuming, costly, and incredibly stressful for businesses, whichever side of the dispute they’re on. Our business dispute solicitors can help your organisation overcome these conflicts.

Whether you’re a claimant or defendant, our skilled and experienced team of commercial litigation specialists will help you put measures in place to minimise the risk of a dispute. If a disagreement does happen to arise, we will work closely alongside you to understand your business’ challenges and resolve disputes efficiently.

At Labrums Solicitors, we work to ensure your business interests are protected throughout the process by offering practical and commercially focused solutions. We identify your position prior to planning an effective and detailed strategy that will protect your business’ best interests.

What is Commercial Litigation?

Commercial or business litigation is civil litigation involving one or more business entities as parties. Litigation is the process started by an individual or business taking legal action against another party, or parties, to resolve a dispute. Disputes involving landlords and tenants, accident claims and debt recovery are just a few of the many examples of commercial litigation. It is very important to ensure business conflicts are resolved as efficiently as possible as these disputes can not only lead to a loss of time and money, but can also result in damaged relationships and reputations too.

What to consider before starting a Commercial Litigation process

Commercial disputes can be a very lengthy and costly process. Here are a few things to consider before proceeding with commercial litigation:

1. Try to resolve the dispute prior to litigation

The court emphasises that litigation should be the last resort to settle a conflict. If it’s possible, ensure that you have tried to resolve the dispute externally before going to court.

2. Consider alternative dispute resolutions

You don’t have to resort to commercial litigation to settle your business dispute. You could consider the following alternatives:

• Arbitration: a confidential form of dispute resolution where one or more arbitrators decide the outcome of a case rather than a court-appointed judge.
• Mediation: this is a facilitated negotiation assisted by an independent third-party mediator appointed by the parties who advises on the merits of each party’s position.
• Expert determination: an independent expert is appointed to resolve the matter by producing a legally binding decision.

3. Factor the potential costs to your business

It is advised that you seek expert legal advice on how much court proceedings might cost as commercial litigation can be an expensive process. Be mindful that commercial litigation is often unpredictable, which makes it difficult to accurately estimate costs without professional assistance.

4. Have witness statements prepared

If you are advised to go ahead with commercial litigation, the parties must exchange written statements containing the evidence of their witnesses before going to court. 

Although it is possible to rely on a witness statement as evidence at trial, a witness not being called to give oral evidence may affect the weight given by the court to that witness’s evidence. Therefore, try to ensure your witness will be available for the trial and is committed to their claim.

Contact our Commercial Litigation Solicitors today

When you contact us regarding a dispute involving your business, we will listen to your situation carefully to understand your challenges and objectives and provide upfront, honest and expert advice on the best course of action to take. As your case progresses, we will ensure you remain informed and in control through regular communication.

Labrums are trusted by a wide range of large corporations, start-ups as well as small and medium-sized enterprises with their dispute prevention and resolution needs.

For specialist commercial litigation advice, call us on 01727 858807 or use our online enquiry form and a member of our experienced Commercial Law Team we will be in touch.