Commercial Litigation

What is Commercial Litigation?

Commercial litigation involves resolving disputes that arise from business relationships, contracts and day-to-day operations. These disputes often require specialist legal support to protect your company’s financial and operational interests. Whether you are facing a breach of contract, a partnership dispute or another challenge, expert guidance can help you reach the best outcome.

Why is Commercial Litigation Important?

Business disputes can disrupt operations, damage reputations and reduce profitability. Handling disputes effectively allows you to focus on running your business while safeguarding your legal and financial position.

What Issues Can Commercial Litigation Address?

• Breach of contract: disputes over non-performance, delays or interpretation of terms
• Shareholder and partnership disputes: conflicts between owners, partners or shareholders regarding rights, responsibilities or exit arrangements
• Professional negligence: claims arising from errors or poor advice by professionals such as accountants, solicitors or architects
• Debt recovery: recovering unpaid invoices or debts through negotiation, enforcement or legal proceedings
• Restrictive covenants: dealing with 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 conflicts over contracts, delays or defects in building projects
• Mergers and acquisitions disputes: addressing conflicts relating to due diligence, warranties or payment provisions in transactions

How Can Commercial Disputes Be Resolved?

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

• Negotiation: direct discussions between parties to reach a practical solution
• Mediation: a neutral third party facilitates dialogue and assists in reaching an agreement
• Arbitration: a structured process where an independent arbitrator makes a binding decision
• Litigation: pursuing the matter in court to protect or enforce rights

Frequently Asked Questions

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

You may be able to claim damages or require the other party to comply with the contract. It is important to seek legal advice quickly to protect your position.

Can I stop a former employee from joining a competitor?

Employment contracts often include restrictive covenants that limit competition, client solicitation or misuse of confidential information. Enforcing these terms requires careful legal assessment.

What happens if my business partner breaches our agreement?

Disputes between partners or shareholders can sometimes be settled through negotiation or mediation. In more serious cases, legal action may be necessary to protect your business interests.

How do I recover unpaid debts from a client?

Debt recovery can involve formal demand letters, negotiation or, if required, enforcement through the courts.

What is the process for resolving disputes in construction contracts?

Many construction disputes are resolved through adjudication, arbitration or negotiation, depending on the terms of the contract. Expert advice is vital to safeguard your position.

Can intellectual property disputes be resolved without going to court?

Yes, many intellectual property disputes are settled through negotiation or mediation. However, legal proceedings may be necessary to stop infringements or secure compensation.

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

Conflicts arising during or after M&A transactions can often be resolved by negotiation or arbitration. Where required, litigation can be pursued in line with the agreement terms.