Commercial claims

 

Commercial claims are lawsuits which at their heart relate to commercial matters. Commercial claims often arise from an alleged breach of contract, although other areas of law may also fall under the same heading.

Call us on 08001 221 2299 if you have a commercial claim for which you require representation, and we can recommend an expert commercial lawyer to handle your case and resolve any disputes as quickly as possible.

Resolving disputes

If you are involved in a business, particularly if you are a business owner, you are likely to at some point become involved in commercial law disputes. These arrive from your interactions with other companies. Commercial law disputes vary in nature, but they often concern:

These matters are notoriously complex as there are many elements involved. You, as well as the opposite party, will be looking to uphold your respective interests. As such, it is important that you instruct a specialist solicitor who can look after your business’ best interests.

Many companies choose to solve their dispute via arbitration. This can be a particularly good route if you are looking to save money and time, as court proceedings are usually longer than alternative dispute resolution methods.

Arbitration has many similarities to court processes and the decision, called an award, will be legally binding. As such, specialist legal representation is key in order to ensure that your interests are represented.

How to file a commercial claim

When commercial claims are filed with the court, it is normally done so in accordance with pre-action protocols. Such protocols, which are defined in the Civil Procedure Rules, often require each party to follow several actions.

These actions are designed to limit the need for court intervention as much as possible. For example, the pre-action protocol requires the party bringing a commercial claim to write to the other party stating the issue in dispute.

Commercial claims may be brought in nearly all courts. The decision to bring an action in one court rather than another is based on:

  • The complexity of the claim
  • The amount of monetary compensation which is sought

If you are considering bringing a commercial claim against another party it is important to act as reasonably as possible. You should keep in mind that if the case does end up in court the judge will normally reward fair-minded and reasonable behaviour once the dispute has arisen.

Such actions show that you are not the party at fault and that you tried your best to avoid litigation. Even if the ultimate decision goes against you, you are likely to benefit from a favourable judgement when costs are concerned.

If you have a commercial case it is important to act as early as possible. Whether you are the party which is alleging the breach or the accused party, acting quickly nearly always strengthens your case. This is due to the fact that in litigation a party’s actions are examined by an unrelated independent party.

Showing that you have been proactive in pursuing the matter in a reasonable manner reflects positively on you and is likely to make your case more appealing to the judge.

Do you have a claim to make regarding a commercial law matter? Caven can put you in touch with a specialist commercial and business law solicitor who can assess the needs of your case and recommend the best course of action. Please call us on 08001 221 2299 or complete the web-form above.

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