Corporate litigation refers to litigation involving a company. Corporate litigation follows all the same rules and procedures as normal civil litigation, but tends to be focused on specific areas of law.
For example, much corporate litigation will be related to breach of contract as much of a company’s dealings will be contractual. As companies are separate legal entities, corporate litigation can also involve criminal proceedings, though this is rare.
If you are currently struggling with a corporate matter that is escalating to the litigation stage, early action could save you the court costs.
The difference between corporate and civil litigation
Corporate litigation follows the same procedures as normal civil litigation and as a result of this the company involved should attempt to partake in pre-court negotiations to avoid having damages reduced at court. Possible methods of alternative dispute resolution may be suitable for companies and these should be considered before proceedings are issued.
A company, like an individual, has a choice of where proceedings are issued and this is dependent on:
- The value of the case
- The complexity of the case
- The importance of the case to the general public
A case can be brought in the High Court if the value of the case exceeds £15,000 but cases of lesser value should be brought in the county court.
Proceedings are started by the claimant completing a claim form which is sent to the court where the court issues the claim form by sealing it with the court seal. Where the claimant or the defendant is a limited company, the name on the claim form can be the corporate name - there is no need for an individual person to be named.
Using a solicitor
Litigation against a larger corporation should not be entered into without all due care and attention to the details of your case. Before issuing any summons you should ensure the solicitor that is handling your litigation is in full possession of the facts of your case.
Corporations have extensive experience in dealing with litigation, but if you prepare your case and have professional legal support, you should be able to obtain the positive result you are looking for. Never attempt to handle corporation litigation alone. The services, support and advice of a business solicitor are absolutely vital.
There are many solicitors in your area that Contact Law can put you in touch with. Many litigation cases against corporations will involve specific elements of the law.
Using a business solicitor that specialises in these areas of business legislation will ensure your case has its best chance of success. Litigation against a corporation often results in an out-of-court settlement to avoid any appearance in court. The solicitor that Contact Law will put you in touch with can act as your representative in all negotiations with the corporation your litigation involves.
For further similar advice, see our information page on commercial litigation.
Do you have a corporate litigation matter over £15,000 that you need representation for? Do you have a matter under £15,000 and need help filing a claim in the county court? Contact Law works with a range of expert corporate lawyers who are experienced in dealing with litigation matters, as well as attempting arbitration as a method of initial dispute resolution. Please call us on [number] or complete the web-form above.