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Commercial Litigation Claims

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Costly legal action is rarely an appealing choice for those facing a business dispute. This is why it is important to consult experienced solicitors who can work in a cost-effective and time-efficient way – allowing you to get back to your everyday life as quickly as possible.

What is Commercial Litigation?

Commercial litigation is an area of law, covering a range of legal disputes involving individuals and/or business entities. These issues can affect any type of business organisation or individual including sole traders, companies and their directors and shareholders, through to suppliers, distributors, consumers, and even competitors.

Cases vary broadly in size and severity, but some common disputes include:

  • Breach of contract disputes
  • Insurance disputes
  • Partnership, director, and shareholder disputes
  • Property ownership and fraud disputes
  • Debt recovery
  • Professional negligence

Regardless of the cause of the dispute, it is essential that the legal support provided is of an excellent standard and serves to make your case as pain-free as possible.

When a business dispute occurs, our dedicated solicitors will walk you through the entire legal process step-by-step meticulously gathering evidence, analysing documents, and developing a strategy to build the best possible case for you.

Communication is key. You know your business, and its challenges best, so our team will work closely with you, keeping you fully informed and involved throughout.

Though many assume that commercial litigation cases naturally end in costly court cases, this is not true. There are a range of cost and time-efficient alternative dispute resolution (ADR) practices which are preferable in the majority of instances.

Alternative Dispute Resolution (ADR)

ADR can save thousands of pounds, if not more, in legal fees and should always be a primary consideration when planning a commercial litigation case. It can massively cut down the amount of work required while saving money for all parties involved.

ADR can also serve to protect the public reputation of your company and the relationships you have with clients, customers, employees, and shareholders.

Options for alternative dispute resolution include negotiation, mediation, arbitration and adjudication.

Court Litigation

In the event both parties cannot come to an agreement and ADR is no longer of use, our skilled commercial litigation solicitors will represent you with confidence in the court, fighting for your interests and achieving the best possible result.

Every business and every claim is unique. This is why we create tailored legal strategies, aligning our approach with your business goals to deliver the result you deserve.

Why use Garnet Ross

If you or your business is involved in a dispute, contact our dedicated commercial litigation team today. We offer a free initial, no-obligation consultation, giving you the opportunity to explain your situation and work with our experienced team to decide on the best course of action.

We understand the value of time and money in business. Our goal is to provide you with timely and cost-efficient solutions, saving you from unnecessary stress and expenses.

Funding

We can offer a flexible range of funding options including private funding, fixed fees, Conditional Fee Agreements (no-win, no-fee) or Damages Based Agreements. We can also offer bespoke funding arrangements where appropriate.

Examples of Commercial Litigation

An individual or business in a dispute with a customer, supplier, etc. due to a breach of contract. This may be:

  • a customer alleging the job has not been fulfilled and as a result, is refusing to pay.
  • a supplier failing to meet their obligation at the agreed-upon time.
  • due to a defective product or service which is not fit for purpose.

Similarly, a breach of joint venture agreement may occur where a development has been built and there is a dispute as to the:

  • entitlement to the profits.
  • terms of the agreement in relation to the business itself.

An individual or business which has made a claim under an insurance policy that has been declined on a ground that was not appropriate, the claim would be to challenge the decision. This would cover, for example, business interruption claims, fire and flood damage insurance claims and claims on life and critical illness policies.

This would also include disputes about the interpretation of the policy, or disputes about wrongful voiding of a policy.

Partnership – a dispute on behalf of or against an outgoing partner/partners as to their monetary entitlement, or between partners at the end of the partnership.

Directors and shareholders – a dispute regarding the running of the company, for example, involving a director breaching their duties causing financial loss or exposure to the company and/or shareholders.  There could be an action against a director to recover funds for the company. There could also be a right of action on behalf of shareholders in defined circumstances against directors in the form of a derivative action.

Dispute on behalf of a shareholder as to buying out their shares.

Property ownership – A dispute between individuals or businesses as to who owns a property/in what shares they own it. This could be where there are joint owners or where the legal title is in the name of one person/entity who is holding the property on trust for another party.

Property fraud – where a claimant is the victim of fraud relating to a property, for example, someone has fraudulently posed as the owner of the property. Upon discovery and correction by the Land Registry,  the victim (the party who has paid money but not received the property) would be able to make a claim for an indemnity to the Land Registry and/or a professional negligence claim against solicitors.

When a business owner rents a space from a commercial landlord and fails to pay rent, the landlord may need legal help to recover the money. This is a debt recovery dispute.

Alternatively, if a customer purchases an item or service but refuses to pay the invoice, the company can recover the money owed via a debt recovery claim.

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Garnet Ross is a trading name of Cheshire Estate and Legal Limited, Company No: 10370971, registered in England & Wales. Registered Office: Lower Road, London SE16 2XB, United Kingdom. Authorised and regulated by the Solicitors Regulation Authority.