Business litigation

 

Business litigation is broad in its remit and can generally be described as any type of dispute within the business world. The dispute may occur in the UK or, as is becoming more and more common, in a foreign jurisdiction.

Common examples of business litigation are disputes relating to:

  • Contractual claims
  • Recovering unpaid debt
  • Personal injury
  • Negligence

We work with solicitors who can help in all these areas and more.

How to approach a business dispute

Business litigation law can be very complex and should you find yourself involved in a commercial dispute, it is essential that legal advice is sought at the earliest possible opportunity.

Business litigation law firms have revealed from proven experience that addressing and managing commercial disputes earlier reduces escalation of the dispute and you stand a greater chance of reaching a sensible, satisfactory and commercial resolution.

Within business litigation, there are various mechanisms available to secure an early resolution. Alternative dispute resolution is often preferable to full-blown litigation, such as:

  • Negotiation
  • Mediation
  • Arbitration

If a resolution proves impossible and court proceedings become necessary, business litigation law firms will have lawyers with experience in advancing such disputes to the High Court, County Court and specialist tribunals. Business litigation law firms are not merely concerned with the letter of the law.

They have lawyers with expertise in the very industry to which your claim relates. In this way, they can strike to the heart of your dispute, fully understand your objectives and argue the merits of your dispute.

Common business disputes

Business and commercial litigation covers a broad area of legal work. Unfortunately, business and commercial disputes can be expensive and time-consuming, particularly as many businesses do not have effective terms and conditions.  Examples of the types of problems your business may encounter include:

  • Chasing debtors
  • Negotiating the dubious terms of a contract
  • Disputes over jurisdiction
  • Breach of contracts or warranty
  • Professional negligence
  • Product recalls
  • Property disputes

Other more serious examples also include insolvency and bankruptcy proceedings, recovery of assets and wrongful trading, all of which can lead to some form of business and commercial litigation.

Business litigation can overlap onto various other areas of law such as:

  • Tax
  • Employment
  • Intellectual property
  • Competition law

Business litigation will ultimately seek some form of compensation. A company solicitor can argue your side of the case and point out weaknesses of the other side. If you are unsuccessful, your solicitor can ensure that any compensation you have to pay is minimised.

No matter what type of litigation your business becomes involved in, it is advisable not to attempt litigation on your own. You should keep in mind the reality that the other party to the dispute will more than likely have their own legal representation.

Think you need to instruct a lawyer? See our information page on business litigation lawyers.

Are you involved in a business dispute that has escalated to litigation? Contact Law works with some of the strongest and most successful litigators in the country who can advise whether you need court representation or if ADR is an option. Please call us on 0800 1777 162 or complete the web-form above.

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