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Commercial Litigation Solicitors
A business dispute can affect cash flow, continuing contracts and decisions by those running the organisation. Highfin's published Litigation information includes commercial contracts and business disagreements. The initial assessment should connect the legal issue with the business objective and identify who has authority to instruct and settle.

Commercial Litigation
Managing a business dispute with evidence and proportionate decisions
Discuss your Commercial Litigation enquirySources checked on . This general information does not assess your individual circumstances.
Identify the parties and the commercial issue
Clarify whether the dispute concerns a customer, supplier, business partner or another relationship. Identify the legal entities, relevant agreements and the person or organisation that owns the claim. A director's personal concern is not necessarily a claim belonging to that director.
Shareholder, partnership and director issues can involve different statutory or contractual remedies. Explain the issue so Highfin can confirm its accepted scope; this page does not promise specialist company, insolvency or regulatory representation.
Preserve business records and quantify the impact
Keep contracts, variations, correspondence, accounts and evidence of performance or non-payment. Identify the people with first-hand knowledge and preserve relevant electronic records. Avoid relying on a summary that omits adverse facts.
Separate the amount asserted from the evidence supporting it. Explain the effect on operations and the practical result sought. A claim for an overdue balance differs from a dispute about continuing obligations or wider business rights.
Check deadlines and the pre-action route
Review applicable limitation, contractual notice and dispute-resolution provisions early. The type of claim and governing law matter; a corporate party does not give every claim the same time limit.
Choose the protocol or general pre-action direction that applies. The Debt Claims Protocol does not generally govern debts owed by limited companies. Exchange enough information to understand the case and consider resolution, without assuming correspondence suspends a deadline.
Consider settlement and continuing relationships
Assess whether negotiation, mediation or another agreed process can address the business problem. Consider who can authorise terms, what information is needed and whether a proposed solution can actually be performed.
The court can order engagement in ADR, and conduct may affect costs. Arbitration depends on the agreement and applicable framework; it should not be assumed simply because the transaction is commercial. Any specialist arbitration instruction must be confirmed separately.
Select the appropriate court and procedure
Not every dispute between businesses belongs in the Commercial Court. CPR Part 58 concerns a defined specialist court jurisdiction; other County Court or High Court routes may be appropriate. Value, subject, complexity and the relief sought require assessment.
Track allocation and directions determine how the case progresses. Plan for document review, witnesses, any permitted expert evidence and management time. The Civil Litigation page explains general procedure; this page does not claim Highfin has specialist court advocacy credentials.
Keep commercial risk and legal cost in view
Consider the cost of the dispute alongside its value and the prospects of implementing an outcome. A contractual claim, judgment and successful enforcement are separate stages. The opponent's resources can affect the practical value of proceedings.
Fixed recoverable costs or other costs rules may limit what can be recovered from another party; they do not set every firm's client charges. Ask Highfin to confirm the proposed work, fees and any need for additional specialists. No funding arrangement or outcome is promised.
Official guidance
- Authority and records
- Identify the instructing entity, authorised contact and relevant agreements, accounts and deadlines.
- Scope and expenditure
- Agree the proposed stages and costs, including any separate expert or specialist work, before proceeding.
Frequently asked questions
Your questions
Must a dispute between two companies go to the Commercial Court?
No. The appropriate forum depends on the jurisdictional and procedural rules, subject and remedy, not just the parties' business status.
Is the director automatically the claimant?
No. Identify who holds the relevant right or suffered the legally recoverable loss. Company and personal claims need separate analysis.
Does a business-to-business debt use the individual Debt Claims Protocol?
Generally not, unless the debtor is a sole trader within its scope. Other pre-action requirements still need consideration.
Can settlement address more than payment?
It may address practical obligations or future arrangements as well as money. Authority, enforceability and precise terms need review.
Are fixed recoverable costs the same as my legal bill?
No. They concern what can be recovered under the applicable rules. Your own charging agreement and possible shortfall are separate.
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