Commercial Litigation revolves around disputes between persons or companies where a problem has arisen in a commercial or contractual relationship.
This is skeletal structure of what happens when the dispute enters the court process.
The parties are the Claimant/Plaintiff who makes the allegation and the Defendant/Respondent who has to answer the allegation.
1
The Claimant makes the allegation in a letter of claim.
2
The Claimant begins the litigation with a Court summons (Summons).
3
The Respondent can ask questions of the Claimant to expand on the allegation (Notice for Particulars).
4
The Respondent must answer the allegation by accepting or rejecting the allegation. (Defence)
5
Both sides can look for documents held by the other to help their case. (Discovery)
6
At any stage there can be talks to resolve the dispute such as negotiations or mediation.
7
An application is made to list the case for hearing. (Notice for Trial)
8
Both parties have to exchange their list of witnesses and expert reports (doctors or accountants or engineers etc.)
9
The case enters a list to be heard.
10
The trial or hearing of the case.
The length of the case will depend on the complexity of the argument.
If a commercial dispute has a value greater than €1 million it can be heard in the Commercial Division of the High Court which runs express procedures.