About Commercial Litigation
Our team of commercial litigation barristers is ideally placed to assist with a range of civil and commercial disputes. Our commercial litigation team specialise in high value and complex commercial litigation, where a keen strategic focus and drive is essential to achieving success.
From contractual disputes, shareholders’ and partnership breakdowns, property, and development projects to civil fraud and beyond, Madison Legal commercial litigation barristers offer highly commercial and results-orientated advice and representation.
Guides
Madison Legal is a Partner led boutique firm with its own in-house Counsel of highly experienced barristers. Each Partner of Madison Legal has at least 10 years’ experience of dealing with complex and high value commercial litigation matters. Typically, these will be supported by written witness statements and reports of technical experts, where appropriate.
It often includes the parties providing documents to the other parties and the tribunal. These will include documents they rely upon and documents the other parties have requested them to produce. This is often a point of contention between the parties.
It is important to take legal advice early on the probable extent of your obligations to ensure that you can (a) comply with them and (b) manage the arbitration process as efficiently as possible.
City level work at competitive prices
Madison Legal is a London law firm whose Partners were highly trained in some of the leading City and International firms and Chambers. However, our unique structure means that you can obtain specialist commercial litigation barristers advice without the overheads of other firms. This means our litigation barristers offer the best advice at highly competitive rates.
Our in-house team of commercial barristers led by Daniel Feetham KC and Rowan Pennington-Benton will be on board from day one. This means that we can discuss the best litigation strategy from the beginning of your matter to ensure the best results in a cost effective and timeous manner. Our expert team can offer strategic advice and representation with particular expertise in complex and high-level disputes often with an international element.
A national and international presence
Madison Legal commercial barristers and solicitors team acts for clients of all sizes, including individuals based in the United Kingdom to corporations all over the globe. Our commercial dispute lawyers and commercial barristers are experts in cross-border disputes and have clients based in Europe, the USA and beyond.
Further, the Partners of Madison Legal have cultivated an extensive network of “friendly firms” from all over the world to provide the appropriate assistance in cross-border disputes and/or enforcement.
Commercial disputes are becoming increasingly common. However, for a business they can be a real headache, potentially costly and inevitably time consuming. If you find yourself caught up in a dispute, it is vital you have the right legal expertise on your side as soon as possible, to minimise the impact on you and your business.
Madison Legal commercial barristers have considerable experience in resolving commercial and business disputes across a wide range of industries and sectors – and we truly understand the challenges and commercial implications of such actions on a business. We also know the importance of reaching a positive outcome as swiftly as possible.
Whether you need to bring a claim or defend a commercial dispute, our specialist commercial litigation team will provide you with expert advice and guidance, however tough, challenging or complex the situation.
At Madison Legal, our expert legal team is able to assist in a broad range of civil disputes
Other Practice Areas
Commercial Litigation
Our team of commercial litigation barristers is ideally placed to assist with a range of civil and commercial
Insolvency
The Madison Legal insolvency solicitors and barristers have a wealth of experience acting for and against liquidators, trustees
Financial Services, Insurance & Technology
Madison Legal team of financial solicitors and barristers have an established track record of advising and representing clients
Contact Our Commercial Litigation Team Today
Arrange your initial, no obligation consultation with our arbitration Solicitors in London. For a free, no-obligation, initial discussion of our arbitration services, and how we may be able to help, Call us on 0204 5384215 or make an inquiry online. Alternative contact us via LinkedIn.
Questions & Answers
Commercial litigation is essentially any type of legal action taken where there is corporate involvement. This legal action could relate to issues such as partnership disputes, contractual disputes, property disputes and other business disagreements.
For a commercial litigation case to be brought, one party has to set out their claim in a ‘letter before claim,’ and the party who has the claim brought against them needs to respond to the letter to confirm whether they accept the claim or not.
If the recipient chooses not to accept the claim, they have to provide reasons why, state which parts of the claim they are disputing, provide any documentation to back their stance, and if they wish to make a counterclaim, they must provide details of it.
Once the claim is accepted or disputed, most parties choose to engage in Alternative Dispute Resolution (ADR) to avoid the costs and damages to business relationships that going to court would bring. If successful, an agreement will be achieved, and both parties will walk away with their agreed settlement.
However, if nothing is achieved through ADR, the claim will be taken to court, and both the Claimant and the Defendant will need to prepare and file the necessary documents for the hearing.
Once a judgement has been made, the parties will be instructed on how to comply with the ruling by their individual commercial dispute lawyers.
How you might go about commencing a claim in relation to a commercial dispute will depend on what the dispute is regarding, the options available to you and your overall objective.
You will first need to identify the issues at hand, check to see whether any applicable contract expressly states how disputes should be managed, make enquiries to see whether the dispute is covered by any insurance and check that you are within time to take (or respond to) action.
It is worthwhile taking the time to properly put together a timeline of events and gather all supporting documentation in relation to the dispute for review.
If you have the time, it may be worth exploring the possibility of a pre-action settlement in order to save time and costs. If that is not possible, you will need to follow any pre-action that applies.
At all times you should consider how much the dispute could potentially be worth, whether the person at fault is likely to have the funds to pay, whether it is worthwhile your time in proceeding with action or whether there is perhaps a commercial relationship that you would like to maintain.
ADR is a process that enables you to resolve a dispute you are having without having to go to court. The two most common types of ADR are mediation and arbitration.
- Mediation
Mediation is where an independent third party helps you and the other party in a dispute to reach a mutually acceptable outcome. The mediator will control the process but cannot impose a binding solution for the parties.
- Arbitration
Arbitration is where an independent third party considers the facts and takes a decision that is legally binding on you and the other party.
What is the time limit to resolve a commercial dispute?
The Limitation Act 1980 sets out the law on limitation periods for each cause of action. If a claim is not issued at court by its limitation date it will be “time barred,” which means that any potential claimant will no longer be able to bring that claim.
The most common commercial dispute is a claim for breach of contract. That type of claim has a time limit of six years from the date of the breach, however, if a claimant can prove fraud and/or concealment, limitation may be extended.
Our commercial barristers take the time to understand your business and its objectives. We will work with you to identify potential risk areas and avoid disputes arising in the first place. Our commercial dispute resolution barristers team will talk your language and will give you no-nonsense advice in plain English.
Disputes can be a distraction from your day-to-day business. We will work to find a resolution as quickly and efficiently as possible, so you can get back to business as usual. Ideally, we will get involved early to manage and resolve it before things escalate.
If things do proceed to litigation, we will be there to support you every step of the way. We are not afraid to share the risk of commercial litigation with you. We use innovative pricing and funding structures to allow you to pursue or defend your case at minimal or no cost.
Our commercial barristers can offer clear guidance and early strategic advice on your options to give you the optimal advantage in bringing or defending a commercial litigation dispute.
We will aim to try to resolve your dispute at the earliest possible stage by advising on making the appropriate applications, such as an application for a freezing injunction, freezing order or pre-action disclosure and providing considered advice on engaging in Alternative Dispute Resolution (ADR).
