How is Commercial Litigation Different to Civil Litigation?

Commercial litigation cases have been in the spotlight since the beginning of the pandemic, with remote hearings having become increasingly commonplace throughout the UK.

The term ‘commercial litigation’ refers to conflicts and disputes between private sector companies and businesses. This differs significantly from civil litigation issues, which involve individuals and people as the two parties and are often contested on a much smaller scale.

In this post, we’ll look at how you can deal with a commercial dispute, while appraising the difficulties and how litigation is playing out in the current market.

How to Deal With a Commercial Dispute

If you find yourself embroiled in a commercial litigation dispute, it’s often better for both parties to settle out of court.

This has much to do with the scale of commercial disputes and the potential capital at risk, while both parties will have to fund potentially long-lasting court cases that eat into their bank balances.

Of course, there are some cases when going to court is preferable (particularly for claimants), in instances where there’s a desire to prove guilt or force a company to accept liability.

However, it’s always a good idea to liaise with commercial litigation lawyers to evaluate the details of your particular case. Often, you’ll find that settling out of court is the best and most amicable resolution and one that has the potential to save both parties money and negate much of the case’s complexities.

What are the Difficulties with Commercial Litigation? 

As we’ve already touched on, commercial litigation can be highly complex, depending on the nature of the claim, the industry involved and the potential for larger clients to obfuscate and delay proceedings.

Such delays also increase legal costs for both parties, and this is often a tactic used by large and well-resourced corporations to either force the cessation of the case or pursue a more favourable out of court settlement.

This also explains why finding the right commercial litigation lawyer is crucial, as this enables you to save money without compromising on the quality of expertise that you receive.

How is the Current Market Impacting Litigation?

One of the biggest changes in the commercial litigation landscape is the rise of virtual and remote hearings, which originated during the pandemic and are set to remain on some scale for the foreseeable future at least.

Not only this, but the legal industry is also continuing to evolve in line with client behaviour and technological advancement, while there’s no doubt that we’re dealing with an increasingly litigious climate in which companies are often quick to pursue legal action.

We’re also seeing an increase in the number of commercial litigation cases brought against smaller businesses and startups, as disruptive technologies enable such entities to compete more aggressively with more established competitors (particularly in the technology and fintech spaces).