Civil and Commercial Litigation

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.

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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 specialise in all aspects of Civil and Commercial Litigation 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.

What litigation involves

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.

Where disputes are settled 

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.

How we can help

Mercantile Barristers and its members 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 Public 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 including 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.

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