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Commercial court dispute with a counterparty: steps to take

What to do before litigation, which documents to gather and when a pre-action claim is needed.

Before applying to a commercial court, reconstruct the timeline of contractual performance and distinguish legally significant facts from an ordinary business conflict.

What to consider

  • Check that the contract and annexes were signed by authorized persons.
  • Compare invoices, acceptance records, delivery notes and payments.
  • Determine whether the pre-action procedure has been followed.
  • Assess possible counterclaims and the other party's evidence.

Practical steps

  1. Preserve business correspondence and original source documents.
  2. Prepare an accurate calculation of the debt or losses.
  3. Check counterparty information and whether a judgment can be enforced.

Why a preliminary assessment matters

A legal position depends on documents, deadlines, the parties' conduct and the chosen remedy. General advice does not replace analysis of a particular situation. Before sending a pre-action claim, signing an agreement or going to court, assess the consequences of the proposed action.

This material is for information purposes. The scope and method of legal assistance are determined after document review.
Inquiry

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