Commercial litigation and dispute resolution lawyers

Commercial Litigation and Dispute Resolution Lawyers

Commercial litigation lies at the very heart of CKE Attorneys day-to-day practice.

Our commercial litigation lawyers have extensive experience in dispute resolution through the mediums of litigation, arbitration and mediation gained in courts and tribunals across England and Wales, and help clients navigate their case by providing a strong tailor-made commercial litigation strategy.

Contractual disputes, shareholder disputes, board disputes, and fraud are common types of commercial disputes encountered by companies that we regularly advise.  Commercial litigators at CKE Attorneys take a practical approach and offer realistic options and solutions for clients in order to help them to make an informed decision.      

Commercial disputes do not always need to be resolved in Court. Our commercial litigation lawyers are experienced in advising clients on how to initiate settlement negotiations and are skilled at formulating the right strategies on a case-by-case basis. We also have strong relationships with external counsel including overseas lawyers, accountants, investigators, and liquidators. 

Our commercial litigation lawyers are specialists in the following areas:

  • Cross border litigation
  • Recovery of sovereign debt
  • Contractual disputes and drafting dispute clauses
  • Debt recovery
  • Professional negligence
  • Insurance
  • Shareholder and partnership disputes
  • Breach of confidence claims
  • Financial disputes involving banks and financial institutions
  • Defamation
  • Contempt / committal proceedings
  • Commodities and trading disputes
  • Judicial review
  • Trust and probate claims
  • Land disputes

Frequently asked questions

Commercial disputes happen between businesses (which may involve individuals as well) in a commercial context.  There are different types of commercial dispute resolution including litigation, arbitration, mediation and settlement negotiations.

Our commercial litigators have significant experience advising on high value, large-scale, complex cross-border disputes and can work with you to achieve the best possible outcome.

In England and Wales, the claimant commences a claim by issuing a claim form under the Civil Procedure Rules (CPR) in the County Court or High Court, as appropriate. Particulars of Claim, setting out the details of the claimant's case, can be served together with the claim form or within 14 days afterwards.

According to our team of commercial litigators and dispute resolution lawyers, it is important to note that statements of case must be verified by a statement of truth, and should be filed and served promptly and within the applicable time limits.

Limitation periods stipulated under the Limitation Act 1980 apply. The actual limitation period depends upon the type of case:

  1. For simple contract claims: 6 years from the date of breach of contract.
  2. For claims under a deed: 12 years from the date of breach.
  3. For personal injury claims: generally 3 years from the date of the accident, or the date of knowledge of the injury by the claimant, whichever is later.
  4. For claims under the Fatal Accidents Act 1976: 3 years from the date of death or the date of knowledge of the death by the deceased’s dependant, whichever is later.
  5. For other tort claims: 6 years from the date the cause of action accrued.

Under exceptional circumstances, the above limitation periods may be extended. For instance, time does not begin to run for a claimant under a disability until the disability ceases or they die. Similarly, where the claim involves an element of fraud or concealment, time does not begin to run until the claimant has discovered, or could with reasonable diligence have discovered, the fraud, concealment or mistake.

Our team of commercial litigation and dispute resolution lawyers will guide you through the entire litigation process and help you bring a claim.

Yes, CKE Attorneys commercial litigators and dispute resolution lawyers  encourage parties to engage in mediation to settle the matter before trial. If a party unreasonably refuses to attempt mediation, that court can make an adverse costs order against that party. Even if settlement is not reached during a mediation, parties can still agree to settle at any time up to the conclusion of the trial.

Mediation is a voluntary dispute resolution process conducted by a mediator. The mediator is usually legally qualified and he/she assists and encourages the parties to reach a settlement. He/she cannot compel a settlement, rather the parties retain control of the process and the decisions. The mediation is informal and the process is confidential. A mediation typically lasts for a half-day or a full day, depending upon the complexity of the matter.

Our commercial litigators and dispute resolution lawyers have a wealth of experience in mediation across a broad range of disputes and we assist both parties to reach a negotiated settlement as an alternative to court proceedings.

Yes, according to our commercial litigation and dispute resolution lawyers, judgments of the High Court and Court of Appeal of England and Wales can generally be enforced (a) in most common law jurisdictions, and (b) in a number of other countries under bilateral treaties, the Hague Convention, or other reciprocal enforcement arrangements.

Yes, depending on the country of origin, a foreign judgment can be enforced in England and Wales under the Foreign Judgments (Reciprocal Enforcement) Act 1933, the Administration of Justice Act 1920, the Hague Convention on Choice of Court Agreements, or at common law by bringing a fresh claim on the judgment debt.

Our commercial litigation and dispute resolution lawyers have extensive experience advising on complex cross-border litigation matters.

Our commercial litigation and dispute resolution lawyers note that, in reality, the winning party will only recover between 40% to 60% of the actual costs incurred after taxation.