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 should I do next?

If you would like more information or would like to see one of our Solicitors specialising in Commercial Litigation matters, please get in touch to make an appointment.

What Our Clients Say

Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland

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

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, The P&A Partnership

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
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin 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 Clark 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, Planning & Design Solutions
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland
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
Erik Holstein , Watchie
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland

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, Energie Fitness Clubs Ireland
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin 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
Blacknight solutions logo Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland

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, Blacknight Solutions

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Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland
Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland