Commercial litigation is a core part of our work and our members are frequently instructed to advise on and appear in commercial disputes in the UK and overseas.
We are recognised for our pragmatic, business-oriented approach and for understanding the requirements of the most high-value, complex litigation.
Commercial matters often require swift action in order to restrain unlawful activity, protect brands and sensitive information and preserve assets. Our members are experienced in obtaining all kinds of injunction; the immediate involvement of a barrister with good commercial sense will be essential and it will sometimes be necessary to absorb the instructions, draft the application and appear before the judge, often at short notice and out of hours
We also appreciate that your commercial goals might mean that litigation is not the best way to solve a given problem. Our members understand what is required in order to achieve a successful resolution through negotiation or mediation.
Our members appear regularly in the English Courts and in domestic and international commercial arbitration. A number of our members also appear in overseas courts.
The core areas dealt with by our commercial team under the above heading are:
- breach of commercial contracts including supply and distribution contracts
- business torts and commercial fraud
- business sale and assignments of interest
- shareholder disputes and section 994 petitions
- international and jurisdiction disputes
- breach of confidence
Our expertise in the above areas combines with our knowledge and experience in the areas of law dealt with in the other pages on this site. We can therefore deal with the whole spectrum of commercial law where the client may require advice or alternatively representation in litigation.
Should litigation be in prospect or under way, we provide expertise and commercial experience at all stages. This includes preliminary pre-issue advice and drafting of or response to protocol letters; mediation or other forms of ADR (which we find are increasingly appropriate in many commercial matters); assistance in the settlement of evidence for and representation at trial and on appeal.
We will in appropriate cases accept instruction under a conditional fee agreement and we are happy to provide an initial view on the prospective merits of a claim where solicitors are themselves considering whether or not to act on CFA. We also act regularly under legal expenses insurance and private or other insurer funding.