For Business

Commercial Litigation

Commercial Litigation revolves around disputes between persons or companies where a problem has arisen in a commercial or contractual relationship.

This is skeletal structure of what happens when the dispute enters the court process.

The parties are the Claimant/Plaintiff who makes the allegation and the Defendant/Respondent who has to answer the allegation.


The Claimant makes the allegation in a letter of claim.


The Claimant begins the litigation with a Court summons (Summons).


The Respondent can ask questions of the Claimant to expand on the allegation (Notice for Particulars).


The Respondent must answer the allegation by accepting or rejecting the allegation. (Defence)


Both sides can look for documents held by the other to help their case. (Discovery)


At any stage there can be talks to resolve the dispute such as negotiations or mediation.


An application is made to list the case for hearing. (Notice for Trial)


Both parties have to exchange their list of witnesses and expert reports (doctors or accountants or engineers etc.)


The case enters a list to be heard.


The trial or hearing of the case.

The length of the case will depend on the complexity of the argument.

If a commercial dispute has a value greater than €1 million it can be heard in the Commercial Division of the High Court which runs express procedures.