Alternative dispute resolution, like negotiation, mediation and arbitration are often effective ways to deal with legal disputes. But these processes don’t always produce the most favourable results. Sometimes we have to resort to formal litigation to ensure we achieve the best outcome for our clients. When this happens, preparation, strategy and timing are key. These are the factors that often make the difference between winning a case and suffering a costly defeat – with adverse costs rulings and other negative consequences.
At Nath Solicitors, we have achieved consistent results over many years. We manage high-stakes disputes like this in the courts and arbitration centres with timely preparation, a dedicated team and a client-first approach. Below, we share some of the steps we think have contributed to our success over the years.
1. Assess the case early
It is important to gain an understanding of the legal, financial and reputational impact of a dispute. Understanding these issues is essential to making sound decisions. It allows us to assess the risks, weigh up options and develop a plan that can better safeguard your personal or commercial interests and reputation. At this stage, we discuss the strength of your legal position, explore possible counterclaims and consider likely remedies. A clear early assessment like this often shapes the outcome long before trial.
2. Pre-Action Protocol Compliance
The next step is Pre-Action protocol compliance. The protocol sets out the specific steps and procedures parties must adhere to before starting formal court proceedings. Parties are expected to exchange key information and attempt resolution before proceedings begin. This includes but is not limited to a detailed Letter Before Action, timely and constructive responses and disclosure of core documents. Proper compliance with these procedures strengthens your case and demonstrates your reasonableness and cooperation to the court. This is highly useful when it comes to recovering your costs because the court looks at whether a party has acted reasonably and proportionately and whether they have followed the protocol when deciding who should bear the cost of proceedings. Non-compliance can lead to adverse consequences as the court may refuse to award certain pre-action costs or impose cost penalties.
3. Evidence Management
Evidence in your case must be managed effectively. Business disputes are often won or lost on documentary evidence. At an early stage, we guide clients in preserving and cataloguing documents such as contracts, emails, board minutes and financial reports. It is crucial to avoid careless or inadvertent disclosure, so we advise our clients on what documents are needed and which ones aren’t. Where appropriate, we may employ the use of expert evidence e.g., forensic accounting or technical advisors. Effective evidence management allows legal teams to build a strong, credible case, protecting your business interests and increasing the chances of success in dispute resolution or litigation.
4. Injunctions and Tactical Relief
In situations where there is a risk of harm, loss of assets or reputation, we act swiftly and decisively to make sure that the risk is minimised or halted. We do this by applying for:
- Freezing orders (Mareva injunctions)
- Interim injunctions to preserve rights or prevent publication
- Anti-suit or anti-arbitration injunctions in cross-border disputes
These are powerful tools in litigation as they can immediately alter the balance of power in a dispute and provide urgent, court-backed protection before a final judgement is reached.
5. Clear Communication and Litigation Positioning
We structure all your written letters, legal documents and evidence in a way that tells a clear and convincing story. Ambiguous or inconsistent narratives often lead to setbacks, missed opportunities and a weakened case. Judges favour cases that are presented coherently, logically and professionally. We understand the importance of this and as a result, we make sure judges, opponents and others involved understand your case with clarity. In short, we present your case with authority at every step.
Conclusion
Whether dealing with a shareholder dispute, breach of contract, or reputational issue, achieving the best result depends on early planning, strict adherence to procedures, and clear communication. At Nath Solicitors, we combine strong litigation expertise with a deep understanding of business to help companies safeguard their most important interests.
Contact Nath Solicitors
If you need assistance with commercial dispute, contact Nath Solicitors today. Call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.