In the fast paced environment of business, commerce and more often than not private life, engaging in disputes diverts valuable resource and time away from your objectives. Particularly for businesses, disputes may stunt growth, prohibit expansion and delay success.
At Mercantile Barristers, we aim to provide legal solutions to meet all of our clients’ objectives. Dispute avoidance and early resolution of disputes is the first step before litigation starts and our Civil and Commercial Litigation barristers have the experience to assist in identifying and anticipating potentially contentious civil and commercial litigation issues. Our early intervention will ensure that costs are managed and contained as far as possible and that a cost/benefit analysis of any course of action is thoroughly explored.
Members at Mercantile Barristers (direct access barristers) are specialist litigators and this is enhanced by their Public Access training. A significant number are authorised by the Bar Standards Board to Conduct Litigation as such they are able to fulfil both the solicitor’s and the barrister’s function in a case. Our barristers are happy to be consulted by and they regularly accept instructions directly from professionals and discerning private clients at any time.
Mercantile Barristers are able to assist clients in resolving a range of civil disputes from the likes of unpaid obligations, unfulfilled contract terms and the majority of disputes that do not involve criminal conduct. The Civil Procedure Rules in England & Wales require that parties should make a reasonable effort to settle their dispute by way of some sort of negotiation in the first instance. If this proves unsuccessful, they are then further encouraged to consider other forms of alternative dispute resolution including mediation, adjudication or arbitration.
Our expert litigators at Mercantile Barristers are always on hand to advise in all types of disputes and will always adopt the approach that litigation, due to the significant expenses and anxiety involved, should always be seen as a last resort for the most intractable of legal disputes.
At Mercantile Barristers we are experienced litigation lawyers for small-medium enterprises to corporate level business. We are available to advise claimants on whether they have a valid claim that has a reasonable prospect of success at civil or commercial litigation trial; and defendants on whether to settle or resist a claim made against them.
Our services include advising on necessary witness evidence to support the client’s position, and developing case strategies that successfully addresses all essential elements necessary for clients claim or defence to succeed. Our Direct-Access members who are authorised to conduct litigation are able to deal with compliance with pre action protocols, issue court proceedings and maintain expert conduct of the case through to completion this includes; dealing with exchange of correspondence with the opposition; and necessary third parties in order to achieve a satisfactory result.Our barristers are also available to represent clients and provide advocacy at pre-trial hearings, case management conferences, trials, arbitrations and mediations.
Once the court forms have been filled in and the pleadings have been filed and served, the court may require the parties to attend court for interim applications or a trial of the matter at hand. Members of chambers specialise in oral advocacy in courts across England and Wales and are available to advise clients on what they may expect when attending court.
Once a party receives a Form N1 Claim Form or a Particulars of Claim, they are under particular time limits to defend the Claim if they do not agree with it. Much like a Particulars of Claim a Defence is a document that sets out the case the defendant is trying to make and details the evidence the defendant relies upon.
When litigation starts in all civil courts, it is inevitable that one of the many court forms will have to be completed. From the Form N1 Claim Form to the Form N244 Application Notice, members of chambers are available to advise clients on what these forms mean and how and when to complete them. We have qualified contract litigation specialists, combined with civil and commercial litigation lawyers, that are able to ensure your all judicial documents have been properly assessed by the instructed litigator.
As soon as a claim is made in the County Court or the High Court it is very likely that you will need to draft Particulars of Claim. Previously known as a statement of claim, it is a document that sets out the case the claimant is trying to make and details the evidence the claimant relies upon. Depending upon the complexity of the claim, it can be included in the form N1 Claim Form, or served as a separate document with the Claim Form. Our barristers will ensure your case will receive all necessary attention before and after judicial proceedings commence.
There are two divisions of the High Court dealing with civil and commercial cases. The Chancery Division hears matters relating to trusts, probate, insolvency, business and land law. The Queen’s Bench Division (“QBD”) hears various contract law and personal injury and general negligence cases.
The first step to instructing a barrister on your behalf is to provide us with some background information to your case. Our clerks are massively experienced and can help point you in the right direction.