In the eyes of the law, commercial litigation is an absolute last resort – and every attempt should be made to settle your dispute outside of the courtroom.
But here at St Helens Law, we appreciate how difficult that can sometimes be.
You’ve been the epitome of professionalism, having initiated several open and civil conversations with the other party. You’ve suggested numerous potential solutions to the issue. Attempted to compromise and meet them halfway. But they’re simply refusing to back down.
Suddenly, a minor disagreement has escalated into a huge, stressful dispute – which is wasting your time and resources and posing a greater and greater risk to your business.
In such circumstances, appointing a commercial litigator is the natural next step.
True, litigation can be a long and complicated process – and it’s generally regarded as the most aggressive option.But business disputes are notoriously complex. And in many cases, you’re likely to need the help of an experienced legal team – who can make sense of the situation, devise an effective legal strategy and, ultimately, achieve the desired resolution.
1. It’s the only option left
You’ve tried, but to no avail.
Commercial litigation should only ever be contemplated when all other forms of commercial dispute resolution have been exhausted. For example, have you attempted genuine and reasonable negotiations with the other party? Exchanged information to help reach a solution? Or perhaps considered other ways of settling the dispute – such as referring a complaint to an ombudsman?
If the answer to all of the above is yes – and you’ve tried everything in your power, yet failed, to resolve the issue without the courts – it may be time to start proceedings.
2. The stakes are high
Commercial disputes can (and often do) lead to very serious consequences.
They usually involve substantial sums of money, valuable assets and/or large numbers of people. And in many cases, they can have a huge impact on both your day-to-day operations and public image.
If a disagreement has the potential to affect the viability of your business or jeopardise its future in any way, it’s important to act as soon as possible. Recruiting the help of a commercial litigator could be the difference between your company continuing in its success or its untimely closure.
3. You can’t find a solution
Feeling a little overwhelmed? Business disputes can be highly complex matters. Multiple parties are usually involved, there’s much at stake and the issue can escalate quickly. Add in the fact that emotions are likely to be running high, and it can be difficult to find a solution to the problem.
If you’re struggling to see light at the end of the tunnel, a commercial litigation solicitor can help.
With expertise and experience in this area, they can analyse the legal complications inherent in your case – and develop a tailored and effective legal strategy.
4. You have a strong case
Before you begin litigation, think carefully about the realistic outcome.
For a start, you’ll be legally obliged to disclose any relevant documents – are you happy to do that? And would those documents help or hinder your case?
Think about if you have any witnesses that could support your claim? Or if a specialist or expert in the area would be likely to back up your argument?
It’s also important to consider your opponent’s financial situation. No matter how ironclad your case may be, litigation would be a pointless endeavour if the other party has no assets. In the event of a win, could you the collect the judgement?
If you genuinely believe your case could be proven in court (and the defendant has assets to collect), at the very least, it’s worth contacting a commercial litigator. They can analyse the evidence available, give their impartial opinion on the strengths and weaknesses of your position, and advise on your realistic chances of success.
5. The cost-benefit is in your favour
Just like all aspects of business, it’s also important to analyse the cost-benefit of commercial litigation.
Essentially, you need to ask the question – is what you stand to gain from litigation worth the cost it will take to achieve it? If the answer is yes, taking legal action could be the right option for you.
Is commercial litigation the only way forward?
There’s no denying, litigation can be a very lengthy and complicated process and it should never be entered into lightly. But even if you’re unsure whether this is the best route for you, it’s still worth getting in touch with a specialist commercial litigator.
Here at St Helens Law, not only can we advise on the pros and cons of litigation – and the likelihood of your case’s success. But we can also talk you through other options that are available to you and may recommend alternative dispute resolution techniques – such as arbitration, mediation, early neutral evaluation or expert determination.
These tend to be much cheaper and faster than going through the UK courts. And in many cases, they achieve the same desirable outcome as commercial litigation, without creating any further animosity between you and the opposing party or wasting too much time, money and effort.
Request your free consultation
If you’re struggling with a business dispute and wondering if commercial litigation could be your next step, please don’t hesitate to contact our team.
We offer an initial consultation with our commercial dispute solicitors completely free of charge.
There’s no pressure to go ahead. And if you decide legal action isn’t right for you, that’s absolutely fine. It’s simply an opportunity to discuss your situation and offer our expert opinion on the best potential options – whether that be litigation or an alternative form of commercial dispute resolution.
So, what do you have to lose by getting in touch?
To book a time and date that works for you, request a consultation via our online form and our commercial litigators will respond as soon as possible with further information. Or if you have any questions or concerns, feel free to give us a call on 01744 742360 or send your enquiry to firstname.lastname@example.org.