Commercial Litigation

Litigation is usually commenced when the parties cannot resolve their commercial dispute out of court. However, when a commercial dispute arises it is often possible to secure a successful outcome which protects a business’s interests and avoids the need for expensive and protracted court proceedings.

A strong and solid commercial litigation strategy is key to achieving a successful outcome for you and a number of case-specific questions will need to be asked:

1. How strong is the evidence?

2.What are the likely legal costs?

3. Is there a strategic opportunity to achieve a settlement out of court and can the case be settled in this way?

Settlement can be reached at any time prior to the commencement of the court litigation process. To ensure such a settlement is achieved, having the right negotiation strategy, skills and experience are crucial. Our dedicated litigation team works proactively and with your requirements and best interests in mind to secure the best possible outcome for you. We consider that our approach must be tailored in all circumstances. We seamlessly combine our legal expertise and business acumen, ensuring that your position is protected as much as possible.

Commercial disputes are draining, both emotionally and financially. Therefore, agreeing an out of court settlement with your opponent is often the best way to resolve the dispute and you may also want to consider a suitable form of alternative dispute resolution such as mediation or arbitration as these are useful tools which can help to facilitate an out of court settlement.

In many contracts which may underlie a dispute, specific clauses are often included which may require both you and your opponent to consider some form of alternative dispute resolution. The courts are also increasingly encouraging this approach to mitigate the impact of the heavy burden placed on them and the ever-increasing court backlog.

There is a plethora of situations in which we can provide advice and assistance in relation to litigation and dispute resolution, including:

• Construction disputes;
• Business insolvency;
• Contract disputes;
• Partnership disputes;
• Professional negligence claims;
• Commercial property disputes;
• Business debt management;
• Debt recovery and insolvency;
• Shareholder and director disputes;
• IP disputes;
• Trademark, copyright and patent claims;
• Breach of warranty and misrepresentation claims;
• Disputes between developers and landowners (i.e., in relation to option to purchase disputes);
• Commercial fraud;
• Court injunctions;
• Corporate disputes including disputes relating to business purchases, management buy outs or buy ins or earn outs; and
• Joint venture disputes.

Resolving these disputes are key to ensuring that the business’s reputation is maintained, money is not wasted, and both your interests and that of the business are protected as far as possible.

In some situations, it may not be possible to settle the dispute out of court and litigation proceedings will need to be commenced. We pride ourselves on our forward-thinking and modern approach to commercial dispute resolution and we will fight your corner and use tactics, timing and intelligent use of court processes to tirelessly advocate your position.

We can act for a wide range of clients including entrepreneurs and investors, private banks, asset managers, cultural institutions, schools, universities, and private individuals (including high net worth and very high net worth individuals).

As always, we can offer you a no-cost, no-obligation introductory 20-minute call to discuss commercial litigation. Please do get in touch with us so that we can discuss your commercial dispute and utilise our expertise to steer you to the most suitable outcome.

Intellectual Property Disputes

In the UK’s competitive and innovation-driven market, intellectual property (IP) disputes are increasingly prevalent. Whether you are an entrepreneur, inventor, or business leader, safeguarding your creative works, trademarks, and innovations is crucial to your success.

Our intellectual property dispute resolution services are designed to help clients effectively navigate the complexities of UK and international IP laws, ensuring that your rights are protected and enforced.

Understanding Intellectual Property Disputes

Intellectual property disputes arise when there is a disagreement over the ownership, usage, or exploitation of an IP asset. These disputes may involve patents, trademarks, copyright, trade secrets, or licensing agreements. IP disputes affect numerous industries, including technology, entertainment, pharmaceuticals, and manufacturing.

Common Types of Intellectual Property Disputes in the UK

1. Patent Infringement: Occurs when a third party uses or exploits a patented invention without the patent owner’s consent.
2. Trademark Infringement: Involves the unauthorised use of a trademark or a conflict where a similar mark causes confusion.
3. Copyright Infringement: Relates to the unauthorised use, reproduction, or distribution of protected works, such as films, books, music, or software.
4. Trade Secret Misappropriation: Occurs when confidential business information is disclosed or used without permission.
5. Licensing Disputes: Arise when there are disagreements about the terms, obligations, or enforcement of an IP licensing agreement.

Why Legal Representation is Crucial for IP Disputes

Engaging experienced legal counsel is vital for ensuring that your intellectual property is effectively protected. Our legal services can help you:

• Enforce Your IP Rights: Ensure that your IP assets are protected from infringement and unauthorised use.
• Avoid Costly Litigation: Our team can help resolve disputes through negotiation, mediation, or arbitration to avoid lengthy legal battles.
• Secure Compensation: If your IP has been infringed, we can help you pursue damages or secure injunctive relief.

Our Intellectual Property Dispute Services

We offer a full range of IP legal services to support clients throughout every stage of a dispute, including:

1. Pre-Litigation Advice and Strategy

• IP Portfolio Reviews: Assess the strength of your IP assets and identify any vulnerabilities.
• Infringement Investigations: Determine whether your IP rights are being infringed and gather relevant evidence.
• Strategic Roadmap: Develop a strategy that aligns with your business goals and addresses the dispute effectively.

2. Intellectual Property Litigation and Alternative Dispute Resolution (ADR)

• Cease-and-Desist Notices: Draft clear and robust communications to infringing parties.

• Issuing IP Infringement Claims: Initiate legal proceedings to protect your rights.

• Mediation and Arbitration: Facilitate negotiations and neutral third-party resolutions.
• Settlement Agreements: Draft and negotiate enforceable agreements to resolve disputes.

• Defending IP Claims: Represent clients facing allegations of IP infringement.
• Court Advocacy: Provide representation in the Intellectual Property Enterprise Court (IPEC), High Court, or appeal courts.

3. Post-Litigation and Settlement Support

• Compliance Monitoring: Ensure adherence to settlement terms or court orders.
• Ongoing IP Management: Implement strategies to safeguard your IP and prevent future disputes.

Industries We Support

We provide legal services across a wide range of industries, including:

• Technology and SaaS
• Film, Music, and Media
• Manufacturing and Engineering
• Retail, Fashion, and E-commerce
• Creative Agencies and Designers

Key Considerations in UK Intellectual Property Disputes

Statutes of Limitation

In the UK, different types of IP disputes have varying time limits within which claims must be filed. For example, copyright infringement claims generally have a six-year limitation period.

Jurisdiction and Enforcement

Intellectual property disputes may cross borders, especially for online infringement. Our team is well-versed in handling both domestic disputes and those involving EU and international IP frameworks.

Evidence and Burden of Proof

The claimant in an IP dispute must demonstrate ownership, validity, and infringement with substantial evidence.

Remedies and Relief

Potential remedies available in UK IP disputes include:

• Injunctions: Court orders to prevent further infringement.
• Damages: Compensatory, statutory, or punitive damages.
• Account of Profits: Recovering profits obtained by the infringing party.

Protecting Your Intellectual Property: Best Practices

• Register Your IP: Ensure trademarks, patents, and designs are properly registered with the UK Intellectual Property Office (IPO) or relevant international bodies.
• Conduct IP Audits: Periodically review your IP assets to ensure full protection.
• Use NDAs: Implement confidentiality agreements to safeguard sensitive business information.
• Monitor for Infringements: Actively monitor your industry for unauthorised use of your IP.

Frequently Asked Questions (FAQs)

Contact Us

If you are facing an intellectual property dispute or need expert guidance on safeguarding your innovations, contact our specialist team today. We offer consultations to provide clarity on your legal options and to develop a strategy tailored to your specific circumstances. Protecting your brand, creations, and ideas is at the core of what we do.

📞 Phone: 01444 708640
✉️ Email: wewillhelp@jonathanlea.net
🌐 Online Contact Form