A new study has been published by Eversheds, which reveals that the number of large commercial disputes is on the rise, and whether a company wins or loses in court is determined by the calibre of the professionals involved in the case.

The study, entitled Companies in Conflict: How Commercial Disputes are Won, was undertaken by Eversheds, together with academics at King’s College London and the University of Surrey, to examine the way companies with a turnover of over £1bn approach large disputes.

While businesses would rather avoid resorting to litigation, the findings show that larger disputes tend to be resolved at court, as companies place increased importance on recovering financial losses and managing their reputation.

Once the decision has been taken to litigate, the study reveals the key factors for success:

  • the performance of counsel,
  • the quality of the preparatory work,
  • effectiveness of evidence gathering and
  • the quality of the judge and expert witnesses.

With sizeable disputes on the increase, it is more important than ever for businesses to have a good strategic overview of a dispute from the outset so they can make sound commercial decisions about how to secure the best outcome. Eversheds can offer across-the-board competence, deep experience, measured advice, and powerful advocacy when fighting becomes unavoidable.

The study is available to read here.