Commercial Litigation Frequently Asked Questions
What is Commercial Litigation?
Commercial Litigation is when a business or commercial dispute arises between two or more companies. For example, a business which breaches a supplier agreement may find themselves facing commercial litigation. Other common issues resulting in Commercial Litigation include employment disputes, copyright disputes and fraud.
Do I have to be a business to sue another business?
No, if the dispute is of a commercial nature it doesn’t matter if you are an individual or a business. If you have grounds to sue a business for a breach of contract, individuals are entitled to enter into commercial litigation.
Will my case be held in the Commercial Courts?
Depending on the type of case, commercial litigation may be dealt with in the District Court, Circuit Court, Commercial Court or High Court. Only if a dispute is in excess of €1 million does it need to go to the Commercial Court.
At Clarke Jeffers & Co. Solicitors we always attempt to negotiate with the other side in order to save you the time and money associated with going to court. We can also use alternative dispute resolution methods such as arbitration and mediation to avoid costly litigation.
Can I get "no foal, no fee"?
You may have heard the expression “no foal, no fee” used in medical negligence or accident claims. Essentially it means you do not need to pay your solicitor if you do not win but this practice does not exist in Ireland. The reality is you must pay your solicitor a professional fee for their services and, if you loose a case, you may be liable for the other sides legal fees.
At Clarke Jeffers & Co. Solicitors, we may consider a contingency fee in some cases, whereby you would only pay your solicitor if successful.
What Our Clients Say
Clarke Jeffers & Co provide Costa Coffee Ireland with bespoke property and conveyancing advice. They understand Costa’s business and requirements and they offer sound legal advice with an excellent knowledge of the retail property market and the general business climate, Clarke Jeffers add value
Director, Costa Coffee Ireland
Introducing a new franchise into the country gets a whole lot easier when you hire a firm who know exactly what they are doing. Clarke Jeffers excelled in their industry knowledge and insight.
Michael Kelly, CEO Saladbox Ireland
As an Irish international rugby player I am used to having people I can rely on, both on the pitch and off. Clarke Jeffers to me is a safe pair of hands whose integrity cannot be questioned. They provide me with advice I can trust. That to me is what is important.
Gordon Darcy, Rugby International, Leinster & Ireland
Over the past number years our Company has used Clarke Jeffers Solicitors to handle our business needs. When dealing with matters on our behalf we have always been delighted to know that Clarke Jeffers is acting for us and they have clearly demonstrated a principle of “pro-activity” rather than “reactivity”. The turnaround of paperwork is swift and sure footed and their engaging and unflappable manner when dealing with difficult issues has only helped us grow as a company.
Giles Lloyd, Director
The Irish Pony Club has for several generations enjoyed the comfort of the professional services of Clarke Jeffers & Co. Solicitors, Carlow. We very much look forward to the continuation of this association into the future.
Chairman & Director, I.P.C
P&A Insolvency Services is a market leader in the provision of insolvency services in Ireland. We demand that all our professionals have the highest form of expertise and experience in the commercial sector. We have employed Clarke Jeffers & Co. in Liquidations, Company restructures and Examinerships. Their knowledge of the sector and expertise in insolvency matters is hugely impressive. Most impressive however is their ability to turn problems into solutions. Victor and his team are an easy choice for us.
Jason Sheehy, Director
Victor and his team are fantastically reliable to deal with. They “get” commercial contracts and understand the need to be practical. Without question they are serious operators.
Glenda Gilson, Model & TV Presenter
Clarke Jeffers provide solutions to complicated commercial issues for our clients on a weekly basis. Their knowledge of the tightly regulated pensions sector is exceptional and the ease at which they go about their business is very impressive.
Andrew O’Loughlin, Managing Director
When it comes to food and beverage we have a one stop shop in Clarke Jeffers. They know the industry, they know what’s required and most importantly, they know how to provide it quickly. For a luxury hotel and golf resort, that is priceless.
Aidan O’Sullivan, General Manager
We have been with Clarke Jeffers for many years now. They have a great attitude. Dare I say very commercial and not typically Solicitor like. They always exceed what we expect.
Erik Holstein, Managing Director
12 acres brewing retains the services of Victor Clarke of Clarke Jeffers & Co Solicitors for commercial legal advice. We find his advice clear thinking and very practical.
Paddy McDonald, Director
Codd Mushrooms is a large horticultural company based in Carlow. We have been clients of Clarke Jeffers for many years, and we have a very good working relationship with Victor, William and their team. Their knowledge of our industry, and the professional manner that they conduct business is exemplary. Their ‘can do attitude’ to difficult business situations is certainly a breath of fresh air.
Leslie Codd, CEO
We need a firm of lawyers that know how to help us expand our business. They need to have in-depth industry knowledge and understand how a modern food and beverage business works in the real world. Clarke Jeffers fit this brief perfectly. Simply put we trust them not only to keep up with our business but to keep it right.
Serghei Jolondcovschi, Director CSJ Master t/a Domino’s Pizza
Clarke Jeffers provide us with insightful and practical advice that we feel adds value to our business. Their understanding and knowledge of the fast food industry is top class.
MBBC Foods (Ireland) Ltd
I found Victor and Staff very professional to deal with but in a friendly and relaxed fashion, the advice and confidence I gained from this team was second to none and I am very grateful to all at Clarke Jeffers for their help over the past 12 months. I would recommend them without hesitation for all aspects of Legal Advice.
Marcus McCormack, Managing Director
We’ve worked closely with Clarke Jeffers over the last 8 years and I cannot recommend their services highly enough. We’ve always found their staff to be highly professional, responsive and they have helped us resolve issues quickly.
Michele Neylon, Managing Director
Victor has an excellent understanding of the business of franchising, I found his advice invaluable when I was starting my own business and negotiating my contract, I would have no hesitation in recommending Clarke Jeffers for sound business and legal advice’.
Paddy McDonald, Managing Director
As Ireland’s largest chain of fitness clubs and a key player in the Irish franchising sector, we have been involved in numerous commercial transactions, negotiations and of course the odd conflict along the way! Victor and the team at Clarke Jeffers has been an invaluable asset to us on this journey. From when we started in 2005 with our first club and our first member to a membership today of over 25,000 in Ireland alone, Clarke Jeffers has been there every step of the way.
John Hannaford, Director
We have always been very happy with the representation and advice from Clarke Jeffers. Firstly they are proactive and on the ball, secondly they have a “what we can do as opposed to what we can’t do approach. They possess the type of forward thinking that a progressive business such as ours demands.
We have worked with Clarke Jeffers & Co solicitors for many years. They have consistently given us clear and easy to understand advice. Most importantly, they have give us effective advice. A very professional outfit.
Patrick O’Toole, Director
Clarke Jeffers understand our business. The speed and accuracy of their responses to our needs is testament to their awareness of the commercial issues we face. We have absolute confidence in their ability to advise us on an ongoing basis.
Paddy Kavanagh, Managing Director