Commercial Litigation
The Commercial Court
The Commercial Court has been in existence since 2004 and has earned a reputation for a practical and no nonsense approach to commercial litigation.
The most striking feature of the new Commercial Court is the speed with which a case can progress to a hearing date and the extent of cases that the court is willing to determine.
Key Features of the Commercial Court
A special application must be made to enter the commercial list and only certain cases will be admitted
The new court rules define commercial proceedings as "proceedings in respect of a claim or counterclaim for damages where the value of that claim is not less than 1 million euro" arising from or related to any one of a category of claims including the following:
- A business contract or business dispute
- The purchase or sale of commodities / export or import of goods
- The carriage the goods by land, sea or air
- The exploitation of oil or gas reserves
- Insurance or re-insurance
- The provision of services but excluding medical, quasi-medical or dental services or any service provided under contract of employment
- The operation of markets or exchanges in stock shares or other financial investment instruments
A division of the High Court has been specifically set up to deal with commercial cases. The new rules of court are designed to give the commercial court maximum flexibility in the management and supervision of cases. The Commercial Court may decide to adjourn proceeding to facilitate mediation, conciliation or arbitration. There will also be an exchange of summaries of all evidence and expert reports in advance of the hearing.
Pre-Litigation Tactics
At Malcomson Law we realise that the speed and efficiency of the commercial court has a very significant impact on pre-litigation tactics. Payment could be at hearing within a period of five weeks from entry into the commercial list to allocation of a date for trial. Such a period has been achieved by the use of court directions and exchange of court pleadings and rigorous application of short term deadlines with the penalty of cost orders for failure to adhere to such deadlines.
Commercial Litigation Team
Malcomson Law has a dedicated commercial litigation team and our offices are equipped with specialist IT equipment to facilitate:
- Scanned and indexed documentation
- The development of a searchable database of transcripts of evidence
- Case mapping facilities in accordance with the standard applied by US law firms.
At Malcomson Law, we believe that the commercial court is an excellent forum in which to litigate complex litigation matters which require expeditious decisions. The new court rules permit the commercial court to ensure that solicitors and counsel focus on proper drafting of pleadings allowing the court to make costs orders where there is a delay or default by any party in complying with a deadline.
The Court has a discretion to award costs in relation to an unsuccessful interlocutory application whereas the practice generally in the High Court to date was to reserve costs in relation to such situations.
Seeking Commercial Litigation Advice
For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in Commercial Litigation will contact you to advise you of your legal rights and entitlements