Commercial Litigation
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Commercial disputes can have significant financial and operational implications, impacting contracts, partnerships, and long term business relationships. Resolving these matters requires a proactive approach to risk management.
We advise clients on high stakes commercial disputes, developing tailored strategies to protect your interests and achieve outcomes that are commercially viable. Whether through negotiation, dispute resolution, our approach is focused on delivering results that align with the clients objective.
Commercial Litigation Services
We provide guidance across the full spectrum of business disputes, including:
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Breach of contract and contractual interpretation
Breach of contract and contractual interpretation
Disputes over contractual obligations can disrupt business operations and damage relationships. We provide precise analysis and robust representation to resolve these issues efficiently.
- Analysing contractual terms and enforceability
- Advising on remedies for breach of contract
- Negotiating settlements to preserve commercial relationships
- Litigating complex contractual disputes
-
Partnership and shareholder disputes
Partnership and shareholder disputes
Internal conflicts require a strategic approach to protect the stability of the business and your personal interests. We help navigate these sensitive matters with discretion and resolve.
- Resolving deadlocks and management disagreements
- Advising on minority shareholder rights and unfair prejudice
- Negotiating exit strategies and buyouts
- Handling breaches of fiduciary duties
-
Commercial debt recovery and enforcement
Commercial debt recovery and enforcement
Effective cash flow management is vital for business continuity. We employ decisive legal strategies to recover outstanding debts and enforce judgments.
- Issuing letters of claim and statutory demands
- Initiating court proceedings for debt recovery
- Enforcing judgments through bailiffs or charging orders
- Navigating insolvency procedures for debtors
-
Claims involving fraud, misrepresentation, or negligence
Claims involving fraud, misrepresentation, or negligence
Allegations of financial misconduct or professional negligence demand a forensic and rigorous legal response. We act swiftly to protect your assets and reputation.
- Investigating allegations of corporate fraud
- Pursuing claims for negligent professional advice
- Seeking damages for fraudulent or negligent misrepresentation
- Securing freezing orders and asset recovery
-
Alternative dispute resolution, mediation, and arbitration
Alternative dispute resolution, mediation, and arbitration
Litigation is not always the most commercially viable route. We advocate for effective dispute resolution methods to achieve timely and cost-effective settlements.
- Representing clients in mediation and arbitration proceedings
- Drafting settlement agreements
- Advising on arbitration clauses and jurisdiction
- Facilitating constructive dialogue to avoid court
-
Court proceedings and appellate advocacy
Court proceedings and appellate advocacy
When litigation is unavoidable, we provide formidable representation in court to defend your rights and pursue your commercial objectives.
- Managing all stages of High Court and County Court litigation
- Preparing witness statements and evidence bundles
- Instructing expert counsel for trial
- Advising on grounds for appeal and appellate strategy
Breach of contract and contractual interpretation
Disputes over contractual obligations can disrupt business operations and damage relationships. We provide precise analysis and robust representation to resolve these issues efficiently.
- Analysing contractual terms and enforceability
- Advising on remedies for breach of contract
- Negotiating settlements to preserve commercial relationships
- Litigating complex contractual disputes
Partnership and shareholder disputes
Internal conflicts require a strategic approach to protect the stability of the business and your personal interests. We help navigate these sensitive matters with discretion and resolve.
- Resolving deadlocks and management disagreements
- Advising on minority shareholder rights and unfair prejudice
- Negotiating exit strategies and buyouts
- Handling breaches of fiduciary duties
Commercial debt recovery and enforcement
Effective cash flow management is vital for business continuity. We employ decisive legal strategies to recover outstanding debts and enforce judgments.
- Issuing letters of claim and statutory demands
- Initiating court proceedings for debt recovery
- Enforcing judgments through bailiffs or charging orders
- Navigating insolvency procedures for debtors
Claims involving fraud, misrepresentation, or negligence
Allegations of financial misconduct or professional negligence demand a forensic and rigorous legal response. We act swiftly to protect your assets and reputation.
- Investigating allegations of corporate fraud
- Pursuing claims for negligent professional advice
- Seeking damages for fraudulent or negligent misrepresentation
- Securing freezing orders and asset recovery
Alternative dispute resolution, mediation, and arbitration
Litigation is not always the most commercially viable route. We advocate for effective dispute resolution methods to achieve timely and cost-effective settlements.
- Representing clients in mediation and arbitration proceedings
- Drafting settlement agreements
- Advising on arbitration clauses and jurisdiction
- Facilitating constructive dialogue to avoid court
Court proceedings and appellate advocacy
When litigation is unavoidable, we provide formidable representation in court to defend your rights and pursue your commercial objectives.
- Managing all stages of High Court and County Court litigation
- Preparing witness statements and evidence bundles
- Instructing expert counsel for trial
- Advising on grounds for appeal and appellate strategy
Commercial Litigation FAQs
Here are answers to some common questions about our legal services for Commercial Litigation.
What is commercial litigation?
Commercial litigation refers to the legal process of resolving disputes between businesses or individuals regarding commercial issues. This can involve breach of contract, partnership disagreements, or intellectual property rights. At Drake & Case, we manage these disputes strategically to minimise disruption to your business operations.
How long does a commercial litigation case take to resolve?
The duration varies significantly depending on the complexity of the case and whether it proceeds to trial. While some matters can be resolved in months through negotiation, complex high-court litigation may take longer. We aim to secure the most efficient resolution possible without compromising your commercial objectives.
Is it possible to resolve a commercial dispute without going to court?
Yes, and it is often preferable. We actively encourage Alternative Dispute Resolution (ADR) methods such as mediation and arbitration. These approaches can be faster, more cost-effective, and private, helping to preserve business relationships while achieving a binding resolution.
What are the remedies available in a breach of contract claim?
Remedies typically include damages (financial compensation) intended to put the injured party in the position they would have been in had the contract been performed. Other remedies may include specific performance (forcing a party to fulfill their duties) or injunctions to prevent further breaches.
How are legal costs handled in commercial litigation?
Generally, the losing party may be ordered to pay a proportion of the successful party's legal costs, though this is at the court's discretion. We provide transparent cost estimates from the outset and can advise on funding options to help you manage the financial aspects of litigation effectively.
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