Commercial litigation essentially refers to any legal disputes that can occur between businesses. This can include legal action such as disagreements between businesses or breaches of contract. These can occur as a result of a dispute between individuals but also between companies as well.
How it works
Businesses will often have specific departments to deal with litigation. Often it will be resolved before it gets to court, especially between two businesses. This is because court cases can be expensive and often it is better for both parties if it can be settled away from the courts.
This can, however, also be broadened out – for example, if a product is defective it could result in an individual or a group calling for a litigation against a company (again a company would try to settle this as soon as possible to prevent a negative publicity).
In order to represent someone in a litigation case you need to be able to communicate well and be a skilled negotiator. A massive benefit is an experience and awareness of commercial interests (essentially the more you know the easier it will be to present an argument in the client’s favour).
Flexibility is also vital as well – you may find yourself representing corporations, small businesses, trade associations and educational establishments.
Essentially the representative needs to do what is in their client’s best interest while at the same time knowing how to deal with the other side – you need to be able to know when to settle and when to push further (again this is the negotiation side).
Currently there are some issues with Brexit as there are still details to be ironed out regarding how this would work – this could potentially result in conflicting judgement, especially if representatives from different countries are involved.
What is also interesting is that in recent times companies have been more reluctant to become involved in litigation, there is the fear that a positive verdict for the company could still result in bad publicity if it was felt that the company did not behave in a positive way, potentially doing more damage in the long term for the business in terms of negative brand perception.
How we can help
As you can see litigation is more complicated than you may initially think. If you are an individual wanting to know whether or not you are likely to get a positive verdict it is worth discussing with an experienced representative.
Likewise, if you are part of a larger business it is worth being aware of the implications of any litigation and whether it is worth pursuing a case to ensure that a “victory” is worth the effort.
Our motto has always been “big enough to specialise, small enough to care”. We believe in having the resources to give our clients the best chance of a positive verdict while at the same time being able to give our clients the personal service they need and deserve.
If you would like to know more about litigation and whether or not you want to pursue a case please contact us today and we will be happy to discuss your circumstances in more detail.