Sometimes in business you may have to navigate disputes, and complications over employment or contracts, for example. This can be a difficult process which can have significant consequences for your business, and so it is important that you have all the legal expertise possible by your side to make sure that everything is done by the book. You may need to go through some complex negotiations or could even find yourself in county court or High Court to deal with the matter.
If this happens, then Lovedays solicitors are here to help. We have extensive experience in all forms of commercial litigation, so we can offer you the expert advice that you need, as well as guiding you through the process and acting as representatives in court if you need us. Here we find out more about the subject of commercial litigation and how to handle it.
Overview of Commercial Litigation
Commercial litigation is defined as any type of legal action that involves a corporate party. This can be quite a wide-ranging subject and can cover things such as employment, debt recovery, breach of contract or even shareholder issues. It is a branch of civil litigation rather than criminal litigation and requires a solicitor who is an expert in the field in order to navigate your way through it.
In some cases, commercial litigation issues can be resolved through processes such as dispute resolution and negotiation. However, it may sometimes be referred to court, and you will need expert representation by a professional solicitor in this case.
Commercial litigation could come about as something that you have instigated, or it may be a case that is brought against you. It will take the form of a lawsuit between two corporate entities, where one party will be suing another in order to enforce or defend a legal right.
That party will often be looking for some sort of compensation, whether that be financial or a specific action. As the resulting action of any commercial litigation has the potential to be very serious, it is important that all parties involved have the correct legal advice and so you need to seek the assistance of a professional solicitor who specialises in commercial litigation, such as those at Lovedays Solicitors.
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Key Elements of Commercial Litigation
When a commercial litigation case is launched, there will be a specific process that needs to be followed. You will need to start by obtaining the services of a solicitor and going through an initial consultation with them. This gives them the opportunity to understand your case and decide what the next route should be.
This will always begin with what is known as a pre-action stage where initial investigations and first contact between the parties is made. This gives the opportunity for each party to understand what the case is and to find other routes in which to resolve or settle it before moving to court.
If it is not possible to reach any kind of resolution, then it is necessary to put the case together for either county court or the High Court. This will involve filing a claim and putting together with witness statements, expert evidence and going through a disclosure process so that all the details of the case are laid out.
This will then proceed to trial. The case will be reviewed before the trial and skeleton arguments will be put together. During the trial, each argument will be put forward as well as any relevant evidence and a judgement can then be made in favour of one party or another, as well as deciding on what the action or compensation should be as a result of the verdict.
This can be a complex legal process and so it is important that everything is done correctly. This means that you will need the assistance of a professional commercial litigation solicitor who can ensure that all evidence has been collected in the right way and that witnesses are prepared for trial. They can also put together your legal strategy and represent you in court to make sure that all arguments are put forward in a correct and coherent manner.
The Commercial Litigation Process
Pre-litigation Steps
Before any commercial litigation case goes to court, you will need to explore all opportunities to come to a resolution without involving the courts. Any court will want to see that you have taken all necessary steps to deal with the issue first. This should start with the claimant writing a letter of claim to the defendant which sets out in detail all the facts and relevant law that give rise to the claim, as well as details of what conclusion they are looking for.
In return, the defendant will be required to provide their own detailed written response. The court will expect all parties to cooperate when it comes to exchanging information and documents about the claim at this stage, in order to look at how the dispute might be resolved without needing to resort to court. A failure to engage in any way during this stage can result in penalties from the court at conclusion of the trial when considering how to apply costs.
This pre-litigation stage gives all parties the opportunity to go through a process of dispute assessment. They can look at whether to go through some form of Alternative Dispute Resolution (ADR) method such as mediation or negotiation. If this does not resolve the issue, then the parties may want to consider whether they need to take any immediate protective steps such as freezing orders or injunctions. They can also then move the claim to court.
Litigation Proceedings
A short document called a claim form needs to be filed with the court setting out the basic information about the claim and paying a set court fee. A timetable will then be put together, giving the defendant a chance to submit a formal written response. All of these documents will be collectively referred to as the Statements of Case.
When preparing for trial, there will need to be a disclosure of documentary evidence and an exchange of witness statements and expert evidence, and it is important that both parties are able to agree a timetable for the completion of each of these stages. In some cases, parties might also be expected to attempt to agree budgets in respect of costs up to and including trial, but this can sometimes be difficult and if it is not agreed they will be determined by the court.
Before the trial, parties are required to lodge their written skeleton arguments summarising the points they will make. The length of the trial will vary depending on the complexity of the case. During the trial, each party’s barrister will set out their case and present evidence accordingly. When this is concluded, the judge will consider all evidence and submissions and deliver their judgement. The losing party will be required to pay any damages awarded, but they do have the right to appeal in most cases.
Post-litigation Actions
When the judge delivers their verdict, which can be sometime after the trial itself has concluded, it may be necessary for one party to pay damages or take certain action. This could be anything from fulfilling a demand to making a public apology and can be enforced by the court. One side may also be ordered to pay costs for the trial, if this has not already been agreed beforehand.
If a party is not happy with the outcome, then a judgement can be appealed but you will need to seek the permission of the court for this to go ahead. This is because there are strict rules relating to appeals and they can only be brought on very specific grounds, and not just because you didn't like the decision. There are also some very clear rules regarding how long you have in which to make your appeal and what permission you will require.
Once the trial has been concluded, it is important that you continue to benefit from ongoing legal support in order to ensure that you remain compliant in the future. This can help mitigate any other disputes and can help to avoid finding yourself in the same situation.
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Benefits of Engaging a Commercial Litigation Solicitor
When dealing with the case of commercial litigation, it is important that you have a full and concise knowledge of the appropriate laws. This can only be done by engaging the services of a professional commercial litigation solicitor like those at Lovedays Solicitors in Derbyshire. It is important to remember that whatever the situation is, the other party is more than likely to be benefiting from professional advice and so you will need to have the same in order to stand any chance of success.
Even in the initial stages of litigation, it is important that you understand all relevant laws applying to your case and can demonstrate how these have been broken or should be applied, and this will require expert legal knowledge. As a commercial litigation solicitor has vast experience in this field, they will have a number of ideas to help resolve your case without needing to go to court.
They can give you strategic advice and can help to negotiate the situation to try and find a resolution that is satisfactory to everyone involved. If it becomes necessary to go to court, then you will also need the professional representation of a commercial litigation solicitor in order to manage your case in front of a judge.
Commercial litigation solicitors are there to help protect the interests of your business. They will have a range of tools and understanding at their disposal that can help to find the best outcomes for your business and those working within it and so it is important that you take advantage of professional legal advice at every stage of your case.
How Lovedays Solicitors Can Help
At Lovedays Solicitors we have many years of collective experience in the world of commercial litigation. We can cover a wide range of disputes and claims including any contractual and commercial matters, as well as building disputes, business partnership disputes and employment matters. We can also help with things such as mediation and dispute resolution to help avoid your case from having to go to court, but should that be necessary, we can also provide you with professional representation for any county court claims or High Court claims.
As we are specialists in this area, we can make the whole process of case assessment, negotiation and trial representation much easier for you. Our extensive experience and local knowledge means that we are in the best position possible to help create an effective and successful strategy for you in your commercial litigation case.
We will ensure that all of our services are tailored precisely to the needs of your business, and we have experience in representing businesses across Matlock, Wirksworth, Ashbourne, Bakewell and many other parts of Derbyshire and surrounding area.
Our friendly and professional team will always be on hand to help you and can offer honest and clear advice throughout the entire process. We are committed to helping your business to be successful and for you to be successful in your commercial litigation case and so we will be dedicated to providing you with all the help, advice and representation that you need.
Conclusion
Commercial litigation should always be a last resort, and with the right ongoing legal support you can often avoid this from needing to be the case. However, sometimes this can be unavoidable and so Lovedays Solicitors will be here to offer you expert strategic advice from the very start.
We can provide an honest assessment of your case and help with all pre-litigation aspects. If you need to go to court, we can help to build your case and gather all necessary evidence and documentation to make sure that we have everything necessary to prove your arguments and help to guide you towards a successful outcome for you and your business.
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