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• Commercial Litigation
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Commercial Lititgation

1. When is the best time to consult you in respect of a business dispute?

The short answer is at the earliest possible opportunity after it becomes apparent that there is a matter which is or is likely to become, a business dispute. The earlier advice is sought the sooner a party can be advised of their legal rights and position and take a commercial decision based upon this advice and the options open to them. It is often possible to head off disputes altogether if advice is taken early. Even if this is not possible, it is usually easier to resolve issues satisfactory if they are addressed early often before any significant loss has been sustained by either party to the dispute. Steps to mitigate any potential loss can also be put in place at an early stage where necessary. A clear strategy can be determined in respect of any dispute which it is foreseen is not or is not likely to be resolved without some form of dispute resolution being undertaken or some form of extended negotiation. There is more chance of a successful outcome the sooner the problem is addressed.

2. What will I need to provide to you in order to enable you to advise me?

In an ideal world, and if time permits, all documents relevant to the dispute, a written brief providing a chronology of relevant events and facts and identifying areas of concern/complaint and the advice required. Your objectives in respect of the dispute and any other matters for consideration are highly relevant. Full contact details are important. We can, of course, advise, as a matter of urgency, cases which require this which can be by way of telephone advice followed up by an early meeting. Where time does permit, the more that is produced in advance, the clearer the advice can be and often the cheaper it is to advise.

3. What will bringing/defending this action cost?

Our aim is to provide cost effective advice and to go about dealing with the case to ensure the lowest cost to you. It is impossible to say at the outset what the exact final cost is likely to be, as all cases differ. For certain types of case fixed fees might be available. However in each case we will give you the best estimate we can based on our experience as to what the likely costs are, and discuss with you any alternative ways of resolving the dispute more cheaply. Please also bear in mind that there is not only a direct financial cost to you, but that you will have to commit your own time to being involved in the process. This will all be taken into account when assessing the viability of the action.

4. How will I pay for the action?

There are a variety of funding options available. If you have legal expenses cover then, as long as your claim is accepted by your insurer, they will pay your fees. If you do not have such cover you may be able to obtain it from an 'after the event' insurer, although this kind of cover can be expensive. LSC funding (Legal Aid) might be available in some very limited cases provided financial criteria and a merits test are met, but it is almost never available for commercial disputes. If you are funding the case privately we will discuss our rates with you and normally send invoices on a monthly or quarterly basis to allow you to spread the cost.

5. Will I get my costs back from the other side, or be ordered to pay their costs?

If the claim is worth less than £5,000 the normal rule is that you will pay your own legal costs whether you win or lose. If it is worth over £5,000 then the normal rule is that the loser will be ordered to pay the winner's costs. These are only general rules and the Judge can depart from them if he /she thinks it is appropriate and just to do so, so the outcome cannot be guaranteed. The loser is normally only ordered to pay 'assessed costs' which means the winner might receive less than they have paid their own lawyer, and the order is only of any use if the loser has the resources to pay. There are ways of making it more likely that you will get indemnity costs (that is all of your costs) if you win by making offers to settle or to mediate, but we will discuss these with you. You will be responsible for paying our fees whether or not you recover anything from the other side.

6. How long will it take to get to court?

How long a case takes to get to court depends on the size of the case, on the issues involved and on the availability of court time. In a straight forward small claim it might only take a few months, but in very large cases it might be over two years. However in cases of extreme urgency, such as where an injunction is required you can be in Court the same day as you instruct us. We will keep you informed throughout as to how the case is progressing and what the time table is. Parties to litigation are encouraged to exchange information before proceedings are issued and we will always advise you on ways to resolve disputes without having to go to Court with the delay and expense that entails.

7. How do I get my money if I win?

If you win the case how you get paid depends on the financial situation of the loser. The more information you can give us about their financial situation the better. However if the loser has no money or other assets with which to pay then the only result might be their insolvency. We will normally discuss with you at the outset whether it is worth embarking on an action if the other side has no resources with which to pay.

8. What are my chances?

There is no case where success is guaranteed. In some cases the outcome depends on no more than who the Judge believes on certain key issues. What we will do is give a realistic assessment of the factors the Judge will take into account and identify the evidence we will have to obtain to present your case to the Judge. Based on our experience we will give you the best estimate we can of what the prospects of success are, and advise you on the commercial realities of the proposed case.