Just as there were once days when lawyers weren’t sure if they should become a part of the legal system or not, today the world of litigation also has its fair share of procedural non-lawyers.
In these times of uncertainty, it’s good to know what role commercial litigation played in businesses before it became synonymous with the nitty-gritty. Here are seven things you need to know about commercial litigation – and how you can take action with the help of Solicitors in Essex to protect your company’s interests.
The Development of the Commercial Legal System
When the first commercial cases were heard in England, the system of law in the country was very different from what it is today. At the time, the English courts relied heavily on statute law, which was often very similar to common law. Additionally, statute law was interpreted very differently from common law, and parties often brought their own legal reasoning into the courts.
The English courts, therefore, didn’t have the experience and knowledge necessary to deal with the myriad of new legal developments that have challenged common law and statute law in the last 40 years. That changed in 1999 when there are significant steps forward made in the field of copyright law.
In a recent case, the Court held that the concept of implied terms and conditions for works of common, and especially creative, artistic, and cultural significance was well-established copyright law. This means that the conditions under which you might copy a work, are no longer protected as creative originality. This shift in commercial law also meant that the term “dispute” became less intimidating to use.
What Types of Disputes Can Be Settled Through Commercial Litigation?
To complicate matters, what types of disputes can be settled through commercial litigation? First, if you’re a business, you can reduce your chances of being prosecuted for copyright infringement by using your own attorney. However, as you have seen, the entertainment industry differs from other industries in that there is no “private” attorney general in the music industry.
Also, disputes between members of the same company are generally settled through common law. As such, if your company is based in the U.K., you can reduce your chances of being prosecuted by using your local attorney.
However, there are some other types of disputes that are easier to settle through commercial litigation. For example, if you’re an individual and you’re seeking legal assistance in relation to a business dispute, you can usually choose a private attorney. Otherwise, if you’re a company and you need help with a business dispute, you could choose to settle in court.
Protecting Your Business Interests during Commercial Litigation
If you or your companies are in the business of making electronic products, you’re probably interested in the “carve-out” method of dispute resolution. This means that you can choose to settle your dispute with an expert vendor who specializes in bringing such disputes to trial.
However, if you or your company is in the business of selling computers, electricity, furniture, or other goods and services, you can avoid the “carve-out” method by choosing to settle your dispute in court. In other words, you can reduce your chances of being charged a fee for litigating a dispute in court and avoid the cost and disruption of an expensive trial.
Settling Business Disputes the Legal Way
In the end, commercial litigation matters because it can shape the course of legal and commercial law in a region. Before you take action to protect your company’s financial interests, consider the roles that commercial litigation played in the business sector, and how you can take action to protect your business with the best legal action.