If you are involved in a commercial dispute you may not be able to see a way to bring the dispute to resolution and that the longer it continues, the more time and money it is costing you.
The aim for anyone in these circumstances is to resolve the dispute as early as possible, but you may find it hard to know how to achieve this, so this guide will answer the most frequently asked questions by clients involved in a commercial dispute.
- How do I sue someone?
You will need to be able to show that the person you want to sue has a case to answer in the commercial dispute and a solicitor is the best person to help you to understand if this is so and what you chances are of success. You will need to provide the person with notification that you are taking legal action against them and allow them the opportunity to resolve the issue first. If they fail to respond within the time period given, you can then decide whether to take the dispute to court.
- What are the options apart from litigation?
You can look into alternative ways to resolve your commercial dispute, such as arbitration or mediation. This will certainly be more cost effective than litigation, however both parties need to agree to take part. Ultimately, you still have the possibility of litigation even if mediation fails, so you may want to follow this route first.
- I have been threatened with court. What do I do?
First of all, you should not take this threat lightly. There will be a deadline within the letter you received and you will need to respond within the timescales given if you want to avoid being taken to court. You should speak with a solicitor immediately for advice on where you stand legally and what your next steps should be.
- Do I need a solicitor?
Commercial disputes can be complicated, as can the law, and it will help you to have a solicitor who specialises in this area of the law to offer you advice on your legal position. A solicitor is the best person to lay out all of the possible courses of action and offer you advice on which one you should take.
Whilst these are the most common questions, there are sure to be many more that you need answers to, so you should speak to a specialist commercial disputes solicitor, who will be able to tell you exactly where you stand legally and offer you the best advice on what your options are to bring your dispute to an end as quickly as possible.
If you would like more information about this article or you would like to speak to our commercial litigation team, please call us on 1890 989 289, email us on [email protected]/ or complete our Free Online Enquiry Form and we’ll be in touch with you soon.