What is Commercial Litigation?

In this post, Commercial Litigation Associate Lauren Steel-Smith takes a closer look at commercial litigation – what it really involves and what a typical day in the life of a commercial litigator looks like. From handling business disputes to crafting tailored solutions, Lauren breaks down the process in simple terms, so you can better understand what goes on behind the scenes.

At social events, when I’m asked, “What law do you do?” I respond, “Commercial litigation.” The follow-up question is usually, “What’s that?” To avoid a lengthy, sleep-inducing explanation, I typically say, “Any business dispute, really.” But this got me thinking—what exactly is commercial litigation, and what do I actually do day to day? Here’s my attempt to explain it without boring you to death.

What types of disputes fall under commercial litigation?

Commercial litigation covers a vast array of disputes. To keep things digestible, here are some of the most common types I deal with the following, but of course, this is just the tip of the iceberg:

1. Breach of contract – When one party fails to fulfil their contractual obligations, disputes arise. These can range from suppliers failing to deliver goods to clients not paying for services rendered.
2. Shareholder disputes – Disagreements between business owners can cripple a company. Whether it’s a dispute over dividends or company direction, these matters need swift resolution.
3. Breach of directors’ duties – Directors have legal obligations to act in the best interests of the company. If they don’t—whether by misusing company assets or making decisions that harm the business—litigation can follow.
4. Breach of employees’ restrictive covenants – Employees leaving to join competitors or misusing confidential information can significantly impact a business. Enforcing restrictive covenants ensures your business remains protected.

A dispute resolution solicitor first, a commercial litigator second

Rather than merely being a commercial litigator, I consider myself first and foremost a dispute resolution solicitor. My primary focus when taking on a new instruction is:

1. Understanding your business – How does your business operate? What makes it tick? No two businesses are the same, and understanding the nuances of your operations is crucial to effective legal representation.
2. Understanding your industry – From how water is bottled to how site developers are obligated to protect great crested newts, every industry presents unique legal challenges. No business is too niche for us.
3. Understanding your goals – What outcome do you want? A trial is rarely the best answer. My role is to provide an honest assessment of your legal position, the costs involved, and the best route to resolution. At the end of the day, a judgment is just a piece of paper—what matters is achieving a financial settlement in your favour. Cash is king.

Business disputes can be complex, but my goal remains the same: resolve matters efficiently, avoid unnecessary court battles, and secure the best financial outcome for my clients.

So next time someone asks me what I do, maybe I’ll say: “I help businesses resolve disputes without burning cash in court.”

For more information about Commercial Litigation, contact Lauren Steel-Smith via lauren.steel-smith@primaslaw.co.uk