We have been reminded again in the recent decision by Justice Edwards-Stewart in Gotch v Enelco Ltd (2015) EWHC (Technology & Construction Court) that Solicitors when conducting commercial litigation must have full regard to costs and the main issues in order to keep proportionality to the damages and other factors in the best interests of their clients.

Old habits of arguing every point at issue with whether in correspondence or in Court in an adversarial way must be avoided as it adds to costs, waste time and defeats the overriding objective of cost effective commercial litigation and the Courts may penalise those who fail to follow such guidance. Fighting on procedural or minor points of law or where it is simply a point of principle will be considered as being unjustified, unreasonable and suffer accordingly in relation to costs or outcome.

The Court wants to promote access to justice by encouraging conduct between the parties, which promotes the key contentious issues or points to be dealt with by the Court when engaging in commercial litigation.

This must be followed, if we are to achieve the desired outcomes for our clients.

We have all be warned!

This is a growing area of ATE business as more businesses have realised and become aware that often the only route to settling disputes is through litigation. Equally many businesses are often deterred by the possible downside of losing in today’s tighter economy and the need for ATE commercial litigation insurance protection is more acute than ever. Acasta will consider virtually any commercial dispute.

For larger cases we are also able to offer Commercial litigation funding if we are prepared to offer ATE commercial litigation insurance cover.

For further information or to contact Acasta Europe Ltd, click here.

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