A safe pair of hands for commercial litigation and commercial dispute resolution, offering all the expertise of our experienced national team.
Disputes are an inevitable fact of business life. From time to time, even the best-run businesses will find that issues arise with customers, suppliers, partners, distributors, agents or competitors.
There are too many scenarios to count where a dispute can suddenly materialise: payments due under a contract, the interpretation of a particular term of an agreement or rights of termination are just a few areas where commercial disputes commonly spring up.
When a dispute occurs, the key commercial imperatives are to resolve it as quickly and cost-effectively as possible with minimum disruption to other day-to-day business activities — where possible, without damaging your ongoing relationship with the customer or supplier concerned.
First, we'll always aim to resolve a dispute peaceably through pragmatic and commercially focused advice and guidance, exploring all the options to try to find a solution quickly and early. Using an appropriate method of alternative dispute resolution (ADR) such as mediation or expert determination can dramatically reduce or avoid the costs of litigation in many situations.
At this stage, we'll provide an estimate of the likely costs and discuss any appropriate funding options that might be available, such as conditional fee agreements (CFAs), 'after the event' (ATE) insurance cover and/or third-party litigation funding.
Litigation funding options
Most of our commercial litigation is privately funded by our clients but we recognise that our clients may wish to explore more innovative and flexible funding arrangements which have less impact on their cash flow where the claim has strong merits. By using litigation funding this enables companies to leverage claims as a potential asset and to finance them off balance sheet.
We explore with our clients the various options available to them in high-value commercial litigation including the use of full or partial/discounted conditional fee agreements (CFA’s) which are also known as “no win no fee” arrangements, as well as damages based agreements (DBA’s) which are a form of contingency fee arrangement, and third-party litigation funding.
We have long standing relationships with many Leading and Junior Counsel who are willing to work with us on cases which we consider are suitable for an alternative funding arrangement.
We also have strong relationships with litigation funding and insurance brokers to source competitive litigation funding and after the event (ATE) insurance which protects against the risk of paying the opponent’s costs if the case is not successful.
If you would like to know more about litigation funding and flexible options for funding litigation claims please contact Damian Carter.
When litigation can't be avoided, our commercial litigation team is highly experienced in prosecuting and defending cases in the courts, including the specialist Mercantile and Commercial Courts and Court of Appeal, as well as in other legal forums such as the London Court of International Arbitration.
Guiding you through the litigation process from beginning to end, we'll give you our honest opinion of the merits of a case and can recommend first steps on a fixed-fee basis for your peace of mind.