Commercial Dispute: What To Prepare Before Court

Do Not Wait Until The Hearing

Commercial disputes often become more expensive when the parties delay getting focused advice. A barrister may be able to help assess the strengths and weaknesses of a claim, identify missing evidence, advise on settlement and prepare for court if needed.

Early advice can be useful in contract disputes, unpaid invoice claims, shareholder disagreements, partnership disputes, professional negligence concerns and urgent injunction situations.

Core Documents

The starting point is usually the contract, the correspondence and the money trail. A barrister does not need every email ever sent at the first stage, but they do need the documents that prove what was agreed, what went wrong and what loss is claimed.

If court proceedings have already started, include the claim form, particulars of claim, defence, reply, court orders and any hearing notices.

• Contracts, terms and conditions, purchase orders or engagement letters.
• Invoices, payment records and account statements.
• Important emails, letters and notices.
• Evidence of loss, delay or defective performance.
• Court documents and deadlines if proceedings have started.

Know The Decision You Need

Commercial advice is most useful when the question is clear. You might need to know whether to issue a claim, defend a claim, make a settlement offer, apply for an injunction, resist an application or prepare for mediation.

Set out the commercial objective as well as the legal problem. Sometimes the best legal route is not the best business route, especially where ongoing relationships, publicity, enforcement risk or costs are important.

Direct Access And Ongoing Litigation

Some commercial cases are suitable for Direct Access advice or advocacy. Others require a solicitor to manage litigation, disclosure, correspondence and procedural steps.

If your case is already in court or likely to become document-heavy, explain who is currently managing the case and whether you need a barrister for advice, drafting, negotiation strategy or a specific hearing.