Commercial Litigation

What Is Commercial Litigation?

Commercial Litigation involves resolving disputes arising from business relationships, contracts, and operations. These disputes often require expert legal advice to protect your company’s financial and operational interests. Whether you’re facing a breach of contract or a dispute with a business partner, we can help you find the best solution.

Why Is Commercial Litigation Important?

Business disputes can disrupt operations, damage reputations, and impact profitability. Resolving disputes effectively allows you to focus on your core business activities while safeguarding your legal and financial interests.

What Issues Can Commercial Litigation Address?

• Breach of Contract: Addressing disputes over non-performance, delayed performance, or terms of a business agreement.
• Shareholder and Partnership Disputes: Resolving conflicts between owners, partners, or shareholders regarding rights, responsibilities, or exit strategies.
• Professional Negligence: Claims arising from advice or services provided by accountants, solicitors, architects, or other professionals.
• Debt Recovery: Recovering unpaid invoices or debts through negotiation, enforcement, or legal proceedings.
• Restrictive Covenants: Handling breaches of post-employment restrictions, such as non-compete or confidentiality clauses.
• Intellectual Property Disputes: Protecting trademarks, copyrights, patents, and trade secrets.
• Construction and Procurement Disputes: Resolving disputes over contracts, delays, or defects in construction projects.
• Mergers and Acquisitions Disputes: Handling conflicts related to due diligence, warranties, or earn-out provisions in M&A transactions.

How Can Commercial Disputes Be Resolved?

While some disputes may require court action, many can be resolved through alternative methods, including:

• Negotiation: A direct discussion between parties to reach an amicable solution.
• Mediation: Involves a neutral third party to facilitate discussions and assist in reaching a resolution.
• Arbitration: A formal process where a binding decision is made by an impartial arbitrator.
• Litigation: Taking the matter to court to enforce or protect your rights.

Frequently Asked Questions

What should I do if someone breaches a contract with my business?

You may have the right to claim damages or enforce the contract terms. It’s crucial to seek legal advice promptly to assess your options and protect your position.

Can I stop a former employee from joining a competitor?

Restrictive covenants in employment contracts can prevent employees from competing, soliciting clients, or using confidential information. Enforcing these terms requires careful legal evaluation.

What happens if my business partner breaches our agreement?

Disputes between partners or shareholders can often be resolved through negotiation or mediation. If the breach is severe, legal action may be necessary to protect your business interests.

How do I recover unpaid debts from a client?

Our team can assist with debt recovery through formal demand letters, negotiation, or court enforcement procedures if necessary.

What is the process for resolving disputes in construction contracts?

Disputes can often be resolved through adjudication, arbitration, or negotiation, depending on the contract terms. Expert advice is key to protecting your position.

Can intellectual property disputes be resolved without going to court?

Yes, IP disputes can often be settled through negotiation or mediation. However, court action may be necessary to stop infringements or seek compensation.

What happens if an agreement in a merger or acquisition is breached?

Conflicts during or after M&A transactions can be resolved through negotiation, arbitration, or litigation, depending on the breach and the terms of the agreement.