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.

1

The Claimant makes the allegation in a letter of claim.

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

The case enters a list to be heard.

10

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.