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• Commercial law

• • Overview

  Put Simply...

  Commercial law disputes, primarily dealing with contract and/or tort laws, are issues arising in the course of running a business or an industry, at any stage of the commercial cycle.
  
  Such disputes are brought before courts for legal restitution when other methods of resolution such as arbitration and/or mediation have failed to provide a solution acceptable to all interested parties.

  What is involved in Commercial Law?

  Most commercial disputes are heard in Commercial Court or in any of the county business courts when the dispute relates to that particular jurisdiction. They can also be brought up before the Queen’s Bench or Chancery divisions of the High Court, or the Technology & Construction Court (TCC).
  
  Almost all disputes have issues grounded in English common law, however, in recent times issues concerning EU law and other international legal principles have also begun to appear in UK’s courts.
  The barrister’s work brief begins with obtaining necessary instructions and supporting information and documents from the attending solicitor or the client(s). The case is reviewed thoroughly and the important facts and data culled out. The barrister then researches through case law and former precedents, prepares pleadings and arguments and attends regular briefing sessions with solicitors and clients.
  
  They will arrange for settlement where viable and present motions and arguments before courts as the case proceeds into litigation.

  What is needed for commercial law?

  As a commercial barrister, it is important to be aware of the current business and commercial climate, changes and amendments in legislation and regulations in all jurisdictions where the barrister is qualified to appear. Verbal and writing skills should be first-class since the work involves advocacy by way of oral arguments and written pleas and arguments.

  Understanding a client’s needs and tailoring one’s presentation to achieve the desired objective is an important quality for a commercial barrister. Other skills and talents required are negotiation, commercial awareness, and time and people management.
  
  Educational qualifications should include a first-class degree, participation in extracurricular activities while at school or university, experience in debating, public speaking and moot court trials. Work experience previously in a non-legal sector, either full or part time will be an added advantage.

  Current Climate for commercial law?

  Disputes from East European and Russian jurisdictions are being heard in English courts more often in recent times. Big ticket and multiple interests’ disputes continue to be brought before Chancery and commercial courts, some very definitive judicial decisions have emerged during the course of such cases, whether in direct proceedings or on appeals going up all the way to the House of Lords.
  
  Alternative methods of dispute resolution are beginning to gain traction, and the number of solicitor-advocates, a new breed in the legal hierarchy is growing steadily and may lessen the demand for barristers in the next few years to come.
  
  

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