This guide outlines how to resolve commercial disputes.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n Commercial litigation is when you choose a court to resolve your commercial dispute, and it is usually only advisable as a last resort to resolve a commercial dispute. To start court proceedings for a contractual commercial dispute, you will need first to issue a claim. However, before you reach the litigation stage, you have to comply with specific procedural rules known as \u2018Pre-action Protocols\u2019. These are in place to try to get the dispute resolved out of court. Failure to follow these can mean you pay otherwise unnecessary costs, as the court can impose these even if you win your claim. <\/p>\n\n\n\n Once you reach the litigation stage, a court will give you a timetable for the court proceedings with instructions on what you need to do and within what timeframe. Despite court litigation potentially being a method in which to resolve your contractual commercial dispute, you need to consider limitations first. This is crucial as it dictates whether or not you can bring a claim for breach of contract<\/u><\/a>. <\/p>\n\n\n\n Limitation<\/u><\/a> plays a role in your contractual commercial dispute when you decide to go to court.<\/p>\n\n\n\n The ‘limitation period’ in a contractual dispute is the period in which you can bring a claim for a contractual breach in court proceedings. We call this the \u2018limitation period\u2019. As this is a legal timeframe, you must abide by it. If your contractual commercial dispute for breach of contract is in England and Wales, the period is six years from the point of contractual breach. <\/p>\n\n\n\n However, where your commercial contract is a deed<\/u><\/a>, the limitation period is different. You have 12 years from the contractual breach in which to bring a claim for court litigation. A deed is a more formal legal document that has specific requirements to be valid. For example, the signatures on a deed, rather than a contract, need to be witnessed. <\/p>\n\n\n\n Parties to a commercial contract can agree to change the limitation period for a contractual breach. If so, you and the other party must agree to the change in writing. However, you must beware of any unfair contract terms that may lead to contractual claims and damages before beginning your contractual relationship with the other party. As such, you may need further legal advice from your lawyer.<\/p>\n\n\n\n It is natural to panic if you realise you may be near the end of the limitation period for your contractual commercial dispute. As mentioned previously, you must make your claim before the end of the limitation period. Additionally, you must have also followed the pre-action protocols before you can make contractual claims.\u00a0<\/p>\n\n\n\n Importantly, it is best to work with a qualified solicitor who can assist your business by:<\/p>\n\n\n\nWhat is Commercial Litigation?<\/h2>\n\n\n\n
What is the Role of Limitation?<\/h2>\n\n\n\n
What is a Limitation Period?<\/h3>\n\n\n\n
What Happens if I am Near the End of the Limitation Period?<\/h3>\n\n\n\n
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\n Guide to Resolving UK Business Disputes<\/div>\n
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