Commercial Law

The types of damages that may be recovered in a commercial dispute depend on the specific details of the case and the applicable laws. However, some common remedies that our experienced commercial litigation lawyers may pursue include compensatory damages to cover quantifiable financial losses sustained, such as lost profits, decreased business value, and lost opportunities.

We may also seek restitutionary damages to prevent unjust enrichment of the other party, such as the return of wrongfully obtained assets. In egregious cases, punitive damages that punish intentional or reckless actions may be available.

Other potential damages can include recovery of legal costs and fees incurred in pursuing the dispute, interest on unpaid or delayed payments owed, injunctions to prevent continued harmful actions by the other party, and specific performance to compel completion of a contractual obligation.

Overall, the goal is to make the injured party financially whole again and prevent future harm. We can advise on the most relevant and applicable damages to seek based on the particulars of your commercial dispute.

We strongly encourage alternative dispute resolution methods that can often resolve commercial conflicts faster and less expensively than going to court.

Some options we frequently advise exploring include direct negotiation between the parties to reach a settlement agreement, with our lawyers representing you in these negotiations. Mediation is another alternative, using a neutral third-party facilitator to foster constructive dialogue and compromise.

Arbitration is also an option, where a private arbitrator essentially acts as a judge and issues a binding decision. Early neutral evaluation can provide a non-binding expert opinion on the dispute to help move things forward. There are also industry-specific resolution processes, like construction adjudication. The right option depends on factors like the relationship between parties, the complexity of the dispute, and overarching goals.

Our experienced commercial litigation team can guide you in assessing alternatives to make fully informed choices. While litigation is always a last resort if other methods fail, we make every effort to resolve matters through more efficient means first.

To help proactively avoid contractual disputes down the line, we offer services like reviewing agreements to identify any ambiguous language, close loopholes, and address potential risks before signing. We can customise terms and conditions specifically aligned to your business needs and risk tolerance.

Our lawyers also provide guidance on best practices in contract formation, execution, and documentation and can assist with navigating complex negotiations to foster alignment. Creating contingency plans for potential breach scenarios is another key aspect.

With comprehensive contract development and review assistance, our aim is to prevent issues arising from contractual uncertainty or misalignment between the parties in the first place. No contract is ever dispute-proof but we can help reduce the risk and give you piece of mind.