Commercial Litigation FAQs

When business disputes extend beyond negotiations, it falls to the commercial litigation lawyers to settle the issue. The broad area of Court proceedings which is generally referred to as Commercial Litigation embraces a wide variety of disputes.

Escalating disputes to litigation carries business risks and costs. By using a solicitor, it is often the case that a dispute can be resolved quickly and efficiently without significant costs being incurred. In the event that the dispute cannot be resolved, your solicitor can commence Court proceedings to have the dispute determined by the Court.

One party’s failure to fulfil any of its contractual obligations is known as a breach of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all.

There are a number of legal methods and procedures available. These alternatives generally expedite the resolution of disputes without the need for initiating or continuing the formal process of litigation. These alternatives are broadly referred to as alternative dispute resolution (“ADR”), which avoids the expense and delay of full litigation process.

The first thing you need to do when you find out you are being sued, usually when you are served with a complaint, is to immediately seek legal advice. Make a note of the time and date of service, as you normally only have 28 days to file a Defence. If you fail to respond, a default judgment for the amount of money named in a complaint may be entered. Once such a judgment is entered, it is very difficult to get it modified or reversed. This may put you in a disadvantaged position.

Commercial litigation is a specialised area of practice. There are many reasons why you should hire a commercial litigation lawyer.

1. Protection of business interests

Commercial litigation lawyers are focused on protecting business interests. No matter what issue a commercial litigation lawyer is asked to provide counsel on, you will have someone who is devoted to providing timely legal counsel and protecting the interests of the business.

2. Specialisation of focus

Commercial litigation can be very disruptive to the business. Having a commercial litigation lawyer dealing with a matter means you have a go-to person who is prepared to focus on addressing these issues, which allows you to focus on your business.

3. Expertise in commercial litigation

Commercial litigation lawyers help determine whether litigation is the right course of action. These professionals can also recommend more cost-effective and expedient strategies for resolving disputes.

Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation. Both arbitration and mediation employ a neutral third party to oversee the process, and they both can be binding. However, it is common to employ mediation as a non-binding process and arbitration as a binding process. In simpler terms, binding arbitration replaces the trial process with the arbitration process.

Arbitrators take on a role like that of a judge, make decisions about evidence and give written opinions (which can be binding or non-binding).

Mediation, on the other hand, is generally conducted with a single mediator who does not judge the case but simply helps to facilitate discussion and eventual resolution of the dispute.

If you disagree with a court’s decision or think your penalty is too harsh, you may be able to appeal to a higher court. However, a higher court could reject your appeal and give you an even harsher penalty. Get legal advice before deciding to appeal a decision.