Commercial disputes and trial
Contract claims, fraud and business torts, run by the partner who will stand up in court, from the first letter to a verdict or a settlement worth signing.
At a glance
When a commercial relationship breaks down.
Most disputes we see began as good relationships: a supplier, a distributor, a co-investor, a buyer. By the time they reach us, trust has gone and the paperwork has started to matter more than anyone expected.
We start by reading everything and telling you, in writing, how strong your position looks, what it would take to win and what it would cost to try. Sometimes the honest advice is to settle early. When it is not, we prepare the case as if it will be tried, because that is what moves the other side to talk.
The partner who assesses your case is the one who argues it. You will not meet a new team at the courtroom door.
What we handle
- Breach of contract and warranty claims
- Fraud, misrepresentation and business torts
- Distribution, agency and supply disputes
- Urgent injunctions and asset preservation
- Claims after an acquisition
- Professional negligence claims
- Arbitration under institutional rules
- Appeals and enforcement of judgments
Four phases, each agreed before it starts.
You approve the plan and the cost range of each phase before we begin it. If the facts change, we tell you before the bill does.
How we workAssessment
We read the documents and give you a written view of the merits, the risks and a cost range for each route.
Strategy
Letters, evidence and a plan for settlement talks, agreed with you before anything is sent.
Proceedings
Pleadings, disclosure, witnesses and experts, with a monthly report against the estimate.
Resolution
Settlement, award or judgment, then enforcement or appeal if it is needed and worth it.
Straight answers, including the unwelcome ones.
No lawyer can promise how a court will decide. What we can promise is how we will work.
We will
- Tell you early if your case is weak
- Put every recommendation in writing
- Report costs against the estimate monthly
- Prepare as though the case will be tried
We will not
- Promise an outcome or a figure
- Run up costs to improve a position
- Hand your file to an unknown junior
- Start a phase you have not approved
Who would work on your matter.
Disputes are led by Elena Varga, with partners from the shareholder and property practices joining where a case needs them.
All peopleElena Varga
Commercial disputes and trial. Leads bench and jury trials and the urgent hearings before them.
Write to ElenaMiriam Okafor
Shareholder and partnership disputes. Deadlock, exclusion and contested exits.
Write to MiriamRuth Castellane
Real estate and construction disputes. Delay, defects and payment claims, from adjudication to trial.
Write to RuthPractices that often meet this one.
Many disputes start in a contract, a shareholding or a building. These practices work alongside ours from the first week.
All practice areas
About disputes
What clients usually want to know before they decide to fight, settle or wait.
Should I settle or fight?
It depends on the evidence, the cost and what you need from the outcome. Our first written assessment sets out both routes so you can decide with the numbers in front of you.
How long does a commercial dispute take?
Many settle within months of a firm first letter. A case that goes to trial usually takes well over a year. We give you a realistic timetable at the assessment stage and update it as things move.
Can I recover my legal costs?
Sometimes, in part. Recovery depends on the forum, the rules and the result, and it is never certain. We explain what is realistic before you commit to proceedings.
What should I do before calling you?
Keep every document and message, stop discussing the dispute in writing with the other side, and note any deadline you have been given.
Tell us what is at stake. A partner replies within one working day.
A short note is enough to begin. We run a conflict check first, then call you to talk it through, without charge and without commitment.
- 01 A few lines on what happened and when
- 02 The names of the other parties, for the conflict check
- 03 Any date that cannot move: a hearing, a closing, a deadline