Commercial Litigation

Commercial Litigation arises where there are business disputes. All such disputes do not necessarily require Court Proceedings and sometimes can be effectively resolved by negotiation, mediation or arbitration. Alternatives (if available) are always discussed with our clients when taking instructions.

Whilst often acting for our clients in alternative dispute resolution venues we also have considerable experience in commercial litigation.

The procedure adapted for litigation depends on a number of factors but many cases are now finding their way into the Commercial Court. The jurisdiction limit of this Court is €1 million but cases of a lesser value are accepted in particular circumstances. The Commercial Court came into operation on January 12, 2004. All eligible cases commencing after that date were accepted onto the list, subject to the decision of the Judge of the Commercial List.

Whilst the Court provides for a speedier resolution or completion by way of a final Order there are onerous obligations on both solicitors and their clients to meet with the procedural time limits.

Approximately 15 months after its establishment, Kelly J. in the Commercial List case, Mullholand v An Bord Pleanála , High Court (Kelly J.) June 14, 2005, noted that as of April 27, 2005, of the 77 cases admitted to the list, 50 of them had been completed and that the average time period from entry to the list until the date of the final order was 9 weeks.

The Commercial Court is not the only Court available in commercial litigation and is not appropriate in all disputes.

We provide a full range of commercial litigation services and for further information or should you have any queries please do not hesitate to contact us at (01)8728233 or by e-mail at bg@bowlergeraghty.ie