Business Tort Litigation: Protect Your Business

Business tort litigation refers to legal disputes involving wrongful acts committed by or against a business that result in financial loss or harm. Unlike contractual disputes, which involve breaches of contract, tort claims arise when one party’s actions unlawfully infringe on the rights of another. This often leads to damages that affect a company’s operations, reputation, or market position.

Expert Commercial Law offers access to a specialised panel of experienced solicitors proficient in handling business tort claims. For further details and legal advice from our legal professionals, please contact us today.

Common examples of business torts

Business torts are wrongful acts that cause financial or reputational harm to a company. These torts typically involve unethical, illegal, or negligent behaviour that interferes with another party’s business interests. Some common business torts include:

Fraudulent misrepresentation – This involves providing false statements or deceiving another party in a business context, typically to persuade another party into a business agreement.

Tortious interference – This occurs when one party intentionally disrupts or prevents another party from fulfilling its contractual obligations.

Unfair competition – Unfair competition happens when a business engages in unethical or deceptive practices to gain an unfair advantage in the market.

Breach of fiduciary duty – A fiduciary duty is an obligation to act in another party’s best interests. A breach occurs when a party entrusted with this duty acts in a way that harms the party to which they owe the duty to.

Trade secret misappropriation – This tort involves the theft or improper use of a company’s confidential business information or intellectual property. Companies have legal protection for trade secrets, and misuse of this information can result in significant damages.

Business tort litigation and dispute resolution methods

In the UK, businesses involved in tort disputes have several methods available to resolve these conflicts. Direct negotiation between the parties is often the first step in resolving a business tort dispute. It allows parties to settle the issue without the need for formal legal proceedings. This method is cost-effective and provides an opportunity for parties to maintain business relationships while finding a mutually agreeable solution.

Mediation involves a neutral third party, called a mediator, who helps facilitate a discussion between the disputing parties to reach a voluntary settlement. It is non-binding, meaning the mediator does not impose a solution. This means that the parties themselves agree on a resolution. Mediation is often preferred in business tort cases as it helps preserve relationships and provides a confidential and quicker alternative to court proceedings.

Arbitration is a more formal process where an arbitrator hears evidence and arguments from both sides and then makes a binding decision. It is a private method of dispute resolution, and the decision is enforceable in the same way as a court judgment. Arbitration is common in business torts, especially where the parties prefer a confidential resolution outside the public courts.

If the previous dispute resolution methods prove to be unsuccessful, then business tort litigation can be pursued. Litigation involves taking the dispute to court, where a judge will hear the case and make a legally binding decision. In the UK, business tort cases are typically heard in the High Court (for more complex and high-value claims) or the County Court (for lower-value claims). Litigation is the most formal and structured method of resolution, but it can be costly and time-consuming.

How can Expert Commercial Law assist?

Our panel of solicitors have many years of experience in dealing with business tort dispute matters. Our panel has a deep understanding of business tort law and provide tailored and professional advice to each of our clients.

The solicitors on our panel can assist with all business tort dispute resolution methods, including business tort litigation. They can represent your business in order to achieve the best possible outcome and protect your business interests.

If you would like to find out more about how we can assist your business, please get in touch today.

Please note, we are not a firm of solicitors. We act as an introducer and will pass on your case to a solicitor on our panel. Panel firms pay fees which contribute to the running of our website and marketing. We will never charge you for passing on your case.

Each solicitor is vetted before being allowed onto our panel. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA).