There are a huge range of disputes that require a professional commercial litigator to step in and resolve the situation. They normally arise from any sort of disagreement in a business context including a breach of contract, misuse of intellectual property and disputes between a franchisor and franchisee.
DBT & Partners have a team of specialist commercial litigators who are able to advise you on the best course of action when caught up in a dispute. We provide impartial legal advice for those looking to take legal action against and business or individual and deliver a fair outcome depending on the circumstances of the dispute.
What is commercial litigation?
Commercial litigation refers to any dispute to arise in a business environment, especially when it comes to unfulfilled contracts, transactions or even shareholder disputes. It can cover a huge range of issues faced by a growing company and it is not uncommon for a business to hire a commercial litigator to sort out these complex disputes and achieve a swift and easy resolution.
Whilst there is often other options available to a business to resolve a commercial dispute such as an Alternative Dispute Resolution (ADR), a commercial litigator is often still required for complex issues that neither party can resolve through direct mediation. Circumstances where a commercial litigator might be required include:
- Court applications and injunctions
- Partnership and boardroom disputes
- Winding-up and bankruptcy
- Search and seizure orders
- Regulatory raids
- Breach of contract claims
- Business interference claims
The litigation procedure
If it has been found that the two parties cannot deal with the dispute through ADR, a commercial litigator will be appointed to ensure that the issue can be resolved. If and when the claim reaches court, it is expected that the two parties adhere to a certain number of pre-action protocols (depending on the type of dispute) in an attempt to resolve the issue without court action.
If they have been adhered to, then the dispute can be contested in court. However, there is a time limit set by the Limitation Act 1980 and is dependent on the type of dispute being contested, which means the procedure must take place within a certain time frame or be ineligible. There are also several other factors that may affect the outcome and time it takes for the procedure to finish, including making an injunction to freeze someone’s assets and both parties funding their legal costs.
Contact DBT & Partners
Whether you need help resolving a contract breach or are unsure how to proceed with a boardroom dispute, DBT & Partners can help your business reach the desired outcome, so you can get on with day-to-day running of the business.
If you need assistance from a team of commercial litigators who can ensure that your dispute is resolved efficiently, speak to DBT & Partners.