Commercial Litigation

Commercial litigation is a broad term which encompasses a wide range of disputes with a commercial element.

Agreements for the sale and supply of goods and services | Agency and distribution agreements | Disputes between businesses, directors and shareholders | Cross-border and international agreements | Injunctions and enforcement

Our commercial litigation and dispute resolution department – led by managing partner, Nicholas Drukker and senior partner, David Wheeler – manages a number of commercial cases in the High Court and Court of Appeal for corporate and individual clients across a broad range of sectors and industries.

Our solicitors advise private companies and individuals involved in business disputes on all aspects of commercial dispute resolution and litigation, from pre-action procedure to enforcement.

Recent and current cases include

  • Acting for a distributor in two related Commercial Court actions regarding the operation and termination of a distributorship agreement.
  • Acting for a manufacturer in a commercial dispute against a retailer in the Queen’s Bench Division of the High Court regarding the termination of a manufacturing agreement.
  • Acting for a UK company in a claim for payment of a debt pursuant to a commission agreement and for restitution of sums paid pursuant to a marketing agreement.
  • Acting for a commercial agent whose principal had been moving orders between jurisdictions to avoid commission.
  • Pursuing an appeal from the Commercial Court to the Court of Appeal regarding the construction of a termination clause, variation of a contract and unfair dealing.
  • Defending a private company from liability imposed by an oppressive invoice factoring agreement.
  • Acting for the sub-distributor of a pharmaceutical company in dispute with its main UK distributor in respect of an allegation of several breaches of contract.
  • Acting for a manufacturer of micro-processing equipment in dispute with a telecommunications company arising from a sale and development agreement.

Our experience

  • Civil procedure in England and Wales
  • Pre-action procedure, protocols and considerations
    • Pre-action disclosure
    • Letter before claim
    • The litigation risk
    • Court fees
    • Cost-benefit analysis of claims
  • Alternatives to litigation
  • Commencing commercial claims
    • Choice of court
    • Part 7 / Part 8 claims
    • The claim form and particulars of claim
    • Choice of law and jurisdiction (forum non conveniens)
    • Exclusive jurisdiction and governing law clauses in commercial contracts
    • Limitation periods
  • Responding to particulars of claim
    • Acknowledgement of service and Defence
    • Counterclaims (Part 20 of the Civil Procedure Rules 1998)
    • Challenging jurisdiction
  • Pleadings and statements of case
  • Service of documents
  • Multi-party and group disputes and litigation
  • Change of solicitor
  • Interim applications, remedies and early determination
  • Case management
    • Case allocation – Small claims track / multi-track / fast track
    • Transfer of proceedings between divisions of the High Court
    • Case management conference
  • Requests for further information under Part 18 of the Civil Procedure Rules 1998
  • Evidence
    • Disclosure and inspection of documents
    • Legal professional privilege
  • Injunctive relief
  • Cross-border litigation
  • Settlement
    • Offers to settle under Part 36 of the Civil Procedure Rules 1998
    • Tomlin orders
  • Discontinuance of court proceedings
  • Trial
  • Judgments and orders
  • Enforcement
    • Enforcement of money judgments
    • International enforcement of English judgments
    • Enforcement of foreign judgments in England
    • Third party debt orders
    • Charging orders and orders for sale
    • Stay of execution
    • European order for payment
  • Appeals in the County Court and High Court / Appeals to the Court of Appeal
  • Costs
    • Costs management and costs budgeting
    • Summary assessment
    • Detailed assessment
    • Indemnity costs
    • Wasted costs orders