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What is Commercial Litigation?
Commercial litigation is a contentious dispute between businesses or a business and an individual. Some aspects of other legal disciplines are involved in commercial litigation such as company commercial law, one of the most important is contract law which is absolutely vital in formalising agreements between those in the business and those with other businesses. Commercial litigation also covers matters regarding franchise, shareholders and director disputes, debt and partnership dissolutions. Issues also arise over mergers and acquisitions of companies often in relation to misrepresentation and warranty claims.
Although historically litigation has been the more common method used for businesses and individuals to resolve legal disputes, commercial litigation does not always end in court trials. Alternative dispute resolution is increasingly becoming a prevalent option in today’s fragile economic climate. Unlike litigation, which usually requires a judge to make a legal determination when disputes arise, mediation and dispute resolution allow the parties to talk things out and attempt resolving the issues without court intervention. The objective of any commercial litigation lawyer should be to settle a case on favourable terms without going to trial.
Commercial litigation can best be avoided by ensuring that all terms are covered by written contract or are otherwise covered in written communications. Where terms are orally agreed a dispute is more likely to go to court or settle on unfavourable terms due to the uncertainty in establishing the terms of an agreement. With this in mind it is of paramount importance to seek the advice of a commercial lawyer specialising in drafting contracts. Once it appears that a dispute may arise, it becomes important to record further communications. All too often the party at fault will deny concessions made in oral discussions when it becomes necessary to issue proceedings at a later stage.
Below are listed the steps normally taken in a typical commercial litigation case:
Stripes Commercial Litigation Department
Our Corporate and Commercial Litigation lawyers have considerable knowledge and expertise within this discipline, with all our commercial law departments being recommended within the prestigious Legal 500 Directory 2011. We act on behalf of local, national and international clients in relation to all aspects of Corporate and Commercial Litigation always seeking to achieve our clients’ commercial objectives. We pursue and defend cases involving all types of commercial litigation across the whole spectrum. Advice is given as to how to best resolve disputes through Court proceedings or alternative dispute resolution.
We deal with all aspects of commercial litigation arising from all kinds if situations, some examples are listed below:-
One of the pertinent issues for our clients and most challenging aspects of dealing with a dispute are managing costs. We address the issue of costs from initial consultation and throughout the process. We assess the costs/merit benefit of actions to ensure that commercial disputes are dealt with promptly and practically achieving full and final solutions quickly and cost effectively.
In Redbourne Group Ltd v Fairgate Development Ltd (see here for judgment), the High Court adopted a strict approach against a Defendant who failed to file the defence in time and subsequently applied to set aside the default judgment and for relief from sanctions. Soon after the Jackson Reforms were implemented and particularly after the […]View More
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