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Commercial litigation solicitors

Our expert commercial litigation lawyers work with clients to understand their business priorities at the outset, ensuring effective risk management and a positive outcome.

Our commercial litigators understand the challenges businesses face and the need to take a bespoke approach to every engagement.  Whether you are looking for strategic advice to manage commercial arrangements, to issue or defend a claim or wish to explore alternative ways to resolve a dispute, our litigators will work with you to get to the heart of what’s important and support your commercial priorities to help you achieve your desired outcome.

We have a large team of skilled litigators across our national offices who are experienced at dealing with complex, strategically important and high value disputes.  Our lawyers have expertise in:

Our teams are recognised in Legal 500 and Chambers & Partners with many of our lawyers recognised as Leading Individuals.

Our commercial litigation experience

Recent case studies include:

  • Advising an international company on the interpretation of contractual termination and notice provisions with a key customer and enforcement of its right to terminate to secure payment of a substantial outstanding sums from its customer.
  • Advising a client on their majority shareholding in an international supply company, where there were concerns over the actions of the managing director/minority shareholder and alleged breaches of fiduciary duties.
  • Acting for the UK’s largest employee-owned provider of social care services defending High Court proceedings brought by a mobile phone provider. The issue at the heart of the case was whether an “administration charge” was onerous and had been fairly and reasonably brought to the defendant’s attention. The court held it had not, and that it was an unenforceable penalty clause.
  • Acting for the claimant in 116 Cardamon Limited v McAllister [2019] EWHC 1200 (Com) where (after proceedings were served in Western Australia via WhatsApp) the maximum damages allowable under an SPA were ordered to be paid after it was established that the defendant had breached the warranties it had given to the claimant.
  • Acting for two individual clients in a multi-party professional negligence claim against solicitors who had advised on a multi-million pound property refinance deal to develop a stately home, hotel, golf and leisure complex. The claim was issued in the Business & Property Courts in London with a pleaded value of £12m+, and settled prior to a 15 day trial fixed.

How our commercial litigation solicitors can help you

  • We consistently receive high praise from our clients demonstrating that we are commercial, collaborative, and strategic. We provide practical, commercial advice from the outset with a focus on dispute avoidance to help clients focus on their business priorities. Where a dispute cannot be avoided we work with you to guide you through the process and manage your time and financial commitments.
  • We are experienced in a broad spectrum of commercial litigation disputes and have specialist lawyers across all of our offices who work together ensuring each matter has the right team to achieve the best result that aligns with your objectives. More information about our specialisms can be found on our linked pages.
  • We regularly work with funders and have a detailed understanding and experience of funding arrangements, to find pragmatic funding solutions, allowing you to manage litigation costs to suit you. We often share the risk with clients where funding arrangements are in place, offering contingent arrangements. We have developed our own bespoke litigation funding offering which provides third party funding and after the event insurance, subject to your claim meeting certain criteria, allowing funding to be arranged quickly, effectively and on competitive terms.
  • We work with third party providers to enable leverage the latest technology allowing us to work efficiently to identify key documents and quickly get to the heart of the issues.
  • Depending on the type of dispute and its value, matters are usually Partner-led with a focus on resourcing matters appropriately so that the right person is dealing with your dispute at the right level, at all times. All of our lawyers are responsive and can be contacted directly to discuss your case in a collegiate way, with the benefit of specialist counsel advice where required.

Want to find out more?

If you would like to know more about our services or need advice from one of our commercial litigation lawyers on a potential dispute, contact the team using the details below.

Frequently asked questions on commercial litigation

  • I think I have a claim but I don’t have the funds to pursue it, what can I do?

    We are experienced in advising clients on commercial litigation funding and providing comprehensive solutions for financing disputes. Our expertise includes partnering with leading litigation funders to offer innovative and alternative funding options. Learn more about our litigation funding product.

  • I need help with an issue how can I find out more about your services?

    Contact any one of our team by following the links below. They will be happy to help with your query or direct you to the person best suited to deal with your problem.

  • Do you charge for an initial call?

    We are happy to have an initial discussion with you for no charge to understand more about the help needed and identify how we can best provide support. Once we have an understanding of your needs we will provide clear and transparent pricing for our services, often providing alternate pricing arrangements for you to consider and information on possible funding options.

  • Would you consider a “no win, no fee” or other contingent arrangement?

    We often work with clients on no win, no fee arrangements. We have an early case assessment process to obtain key information needed to establish whether a case is suitable for this type of arrangement and would be happy to discuss the information required and our approach in an initial call.

  • Can you deal with claims involving other jurisdictions?

    We have specialist lawyers who regularly deal with international disputes. One of our specialists would be happy to have an initial discussion about your issue to discuss the ways we can help.

  • What happens if I lose, do I pay the other side’s costs?

    If a claim is issued in court and it proceeds to trial, an order on costs will likely be made by the judge. Liability for payment of an opponent’s costs is very fact specific and whilst it is usual for the losing party to pay the costs of the successful party, there are many circumstances where that may not be the case or where there may be alternative costs orders made.

  • What is a mediation?

    A mediation is a process that parties to a dispute or potential dispute usually engage in on a voluntary basis as a means of attempting to resolve their dispute outside of the formal court process. Mediation involves a meeting of the parties facilitated by an impartial mediator on a without prejudice basis, giving the parties to speak more freely about their concerns and approach settlement of the dispute with greater flexibility than is allowed by the court process. Mediation is a very successful way of resolving disputes at an early stage and with significantly less cost than would be incurred in progressing a claim through to final trial. All of our commercial litigators have experience of mediation and Andrew Cromby and Karen Elder are both trained mediators.

Our commercial litigation solicitors

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Enable

Introducing Enable: our third party litigation funding service, specifically aimed at those commercial litigation cases requiring legal costs below £2m.

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