Do you know what a commercial litigator does? Chances are, if you don’t work in the legal profession, you may not have a clear idea. Commercial litigation is a specific type of law that deals with business disputes. If you’re involved in a dispute with another business or have been sued by a business, you may need to hire a commercial litigator to represent your interests.
So what exactly do these lawyers do? Let’s take a closer look.
What is Commercial Litigation?
Commercial litigation is the legal process of resolving disputes between private entities, such as businesses. These disputes can arise from contractual disagreements or claims involving the business property. If necessary, companies will hire commercial litigators to represent them in court and present their cases to a judge and jury.
Commercial litigation cases typically fall into three different categories: breach of contract disputes, property and business tort cases and corporate disputes.
Property tort cases include trespass to land, nuisance (interference with the use of property), negligence (duty owed to another) and conversion (unauthorised possession or conversion of personal property).
Corporate disputes include breaches of duty, such as mismanagement or wrongful acts that cause harm to the business.
Breach of contract disputes includes failure to adhere to agreements that were made between multiple parties or fraud in a commercial agreement.
Commercial Litigators and their Role
Commercial litigation solicitors represent either the plaintiff or defendant in court, depending on which party retained them. They typically work with other professionals, including engineers and accountants, to understand the facts of a case and provide evidence in court.
Commercial litigation lawyers have a broad knowledge of legal principles associated with business issues. It can include contract law, property law and tort law, and general standards that apply to contracts and agreements.
What is Commercial Litigation Like?
You may be wondering what kind of cases commercial litigators handle. The most common types are disputes between businesses, such as:
- Failure to pay on a contract Breach of a business purchase agreement
- Failure to adhere to an employment contract
- Fraudulent conveyance Business tort claims, such as negligence or intentional infliction of emotional distress
- Loss of business income claims.
Additionally, commercial litigation can involve the company or corporate law, such as Breach of fiduciary duty, Corporate dissolution, Shareholder disputes, etc.
If you believe your business is being unfairly treated in a contract or agreement, or if another company has breached the terms of a deal with you, you may wish to contact a commercial litigator. In addition, if another business has sued you for any number of these reasons, you may need to hire a commercial litigator to represent your interests.
When Should I Hire a Commercial Litigator?
If another business is suing you for breach of contract, property torts or any other commercial litigation related claim, you may wish to contact a lawyer who specialises in this area.
You may also want to hire an attorney if you believe someone else has breached a contract with your company. Commercial litigators will work with experts and other professionals in your field to help build a strong case.
Commercial litigation cases can be complicated and time-consuming, so you may wish to hire an attorney with experience with this specific type of law.
If you have been accused of breaching a contract or any other business-related claim, hiring a commercial litigator as soon as possible is crucial to the strength of your case.
How much does Commercial Litigation Cost?
The price for hiring a commercial litigation lawyer will vary from one case to the next, depending on several factors, including:
- The amount in dispute
- The complexity of the business issues involved
- Extent and location of witnesses and evidence
- The experience and skills of your lawyer
Commercial litigators with more experience and a higher level of skill will typically charge more, as they have proven their abilities in court.
Commercial litigation cases can be expensive, so you should discuss fees with your lawyer as soon as possible to avoid disputes later on. A commercial litigator will be able to provide an estimate of the costs associated with your case after discussing the particulars of your situation.
If you are being sued or are initiating a claim, hiring an attorney that specialises in commercial litigation is crucial to the strength of your case. Commercial litigators will work with other professionals involved in the suit to ensure all relevant evidence is included and presented correctly. We hope this article helps you understand commercial solicitors better.