Commercial Law
Business Litigation Barristers for Companies and Directors
Direct Access advocacy for companies, owner-managers and boards bringing or defending claims in the County Court and the Business and Property Courts.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Business litigation covers claims where at least one side is trading: a supplier suing a customer, a company pursuing a former director, two businesses arguing over a joint venture, or a firm facing a claim it believes is opportunistic. For a company the decision to litigate is commercial as much as legal. Management time, cash flow, the risk of paying the other side's costs and the effect on trading relationships all matter as much as whether the claim is technically sound.
Where a claim is heard depends on its value and complexity. Money claims of £100,000 or less must start in the County Court and are allocated to the small claims, fast, intermediate or multi-track. Larger or more complex claims can be issued in the High Court, where business disputes sit within the Business and Property Courts in London and the regional centres. That umbrella includes the Commercial Court, the Circuit Commercial Courts, the Business List and the Insolvency and Companies List, each with its own court guide that practitioners are expected to follow.
Litigation in the Business and Property Courts has its own procedure. Disclosure is governed by Practice Direction 57AD, which asks the parties to agree the issues and the scope of document searches rather than handing over everything, and trial witness statements must comply with Practice Direction 57AC, which limits them to facts the witness can genuinely recall. Many multi-track claims also require costs budgets, and the court can make orders for security for costs against a claimant company that may not be able to pay if it loses.
A company can instruct a Barrister directly under the Direct Access scheme. Your Barrister advises on merits and strategy, drafts the statements of case, applications and witness evidence, and appears at hearings. The company, through a director or in-house team, issues and serves documents, manages disclosure and deals with correspondence, because a Barrister cannot conduct litigation unless separately authorised. For document-heavy cases with large-scale disclosure, your Barrister will tell you honestly if instructing a Solicitor alongside them would serve the business better.
What Business Litigation Barristers Do
Strategy for the Business
Advice a board can act on, covering:
- Whether the claim or defence is worth pursuing commercially
- Which court and track the dispute belongs in
- Exposure to adverse costs and security for costs
- Whether the other side is worth suing, and can pay
- Interim relief such as freezing or springboard injunctions
- Settlement timing and Part 36 offers
Hearings and Trial
Your Barrister can appear at:
- Applications for summary judgment or strike out
- Urgent injunction hearings, including without notice
- Costs and case management conferences
- Disclosure hearings under Practice Direction 57AD
- Trial in the County Court or High Court
- Mediations and settlement meetings
Drafting
Your Barrister can prepare:
- Letters of claim and responses under the Practice Direction on Pre-Action Conduct
- Particulars of claim, defences and counterclaims
- Disclosure Review Documents and lists of issues
- Witness statements compliant with Practice Direction 57AC
- Skeleton arguments and draft orders
- Part 36 and Calderbank offers
Your Barrister drafts. The company issues proceedings, files documents at court and serves them on the other side.
What the Company Handles
Under Direct Access the business:
- Nominates a director or manager to give instructions
- Issues the claim and pays the court fee
- Serves documents and keeps a record of service
- Preserves and collates emails, ledgers and contracts
- Runs document searches for disclosure
- Arranges for staff witnesses to attend trial
How Direct Access Works
- 1
Early Case Assessment
Your Barrister reviews the contract, the correspondence and the figures, identifies the real issues, and gives a written view on merits, likely recovery and costs risk so the directors can decide whether to proceed.
- 2
Pre-Action Correspondence
A detailed letter of claim is sent, or a reply to one, setting out the facts, the legal basis and the key documents. The court expects the parties to exchange information and consider alternative dispute resolution before anyone issues.
- 3
Issuing and Statements of Case
If the dispute does not settle, your Barrister drafts the claim form and particulars of claim, or the defence and any counterclaim. The company issues, serves and files them within the deadlines in the Civil Procedure Rules.
- 4
Case Management
The court allocates the claim to a track and sets a timetable. In multi-track claims this usually means a costs and case management conference, costs budgets and a disclosure order, which your Barrister prepares for and attends.
- 5
Evidence and Experts
Disclosure is given, witness statements are exchanged and, where permitted, expert evidence is obtained on issues such as accounting or industry practice. Your Barrister shapes the evidence around the issues the court must decide.
- 6
Trial or Settlement
Most business disputes settle, often at mediation or after a well-timed offer. If yours does not, your Barrister prepares the skeleton argument, cross-examines the other side's witnesses and makes submissions on liability, quantum and costs.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Can a limited company instruct a Barrister directly?
Yes. Companies, LLPs and other organisations can use Direct Access, provided someone with authority can give instructions and the company can handle the administrative side of litigation. The Barrister must be satisfied the case is suitable for Direct Access and will discuss this with you at the outset.
Can a director represent the company in court instead?
A company is normally represented by a lawyer, but the Civil Procedure Rules allow an employee to represent it at a hearing if the company authorises them and the court gives permission. Courts generally grant permission more readily in lower value claims. In significant disputes, having a Barrister present the case usually makes better use of the hearing.
Which court will hear our dispute?
Money claims of £100,000 or less must be started in the County Court. Above that, claims can be issued in the High Court, usually in the Business and Property Courts in London or one of the regional centres. Within those courts, the Commercial Court and Circuit Commercial Courts deal with trade and commerce disputes, while the Business List and the Insolvency and Companies List deal with many company, partnership and insolvency matters.
What is security for costs?
If a claimant company may be unable to pay the defendant's costs should it lose, the defendant can ask the court to order the claimant to pay money into court or provide a guarantee before the claim proceeds. It is a common tactical application against thinly capitalised companies and special purpose vehicles, and it can be decisive in whether a claim continues.
Can we get an urgent injunction against a competitor or former director?
The court can grant interim injunctions, for example to stop misuse of confidential information, enforce restrictive covenants, or freeze assets where there is a real risk they will be dissipated. These applications require strong evidence, a cross-undertaking in damages from the company, and in without notice applications full and frank disclosure. Your Barrister can advise and draft the evidence quickly, and the company handles issuing the application.
Do we have to try mediation?
The court expects parties to consider alternative dispute resolution throughout, and it now has power to order parties to engage in it. An unreasonable refusal can lead to a costs penalty even for the party that wins. Your Barrister can represent the company at a mediation and advise on what a commercially sensible settlement looks like.
How are costs dealt with if we win?
The general rule is that the loser pays the winner's reasonable costs, but recovery is rarely complete and depends on the track, any approved costs budget and how both sides behaved. On the intermediate and fast tracks recoverable costs are largely fixed. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Get a Clear View Before You Commit to Litigation
Speak to a commercial Barrister about the merits, the costs risk and the best forum for your business dispute.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.