Commercial law

Commercial law concerns the legal principles that regularly surface in commercial disputes. The primary objective of this area of practice is to deal with the legal needs of the business community and to develop commercially sensible solutions in line with their reasonable and legitimate expectations.

A commercial law barrister's work

A typical commercial law case that goes all the way to a court hearing might last for 18 months to two years, sometimes even longer. It may involve aspects of the laws of contract, sales, tort, property, equity and trusts (both domestic and international). With international cases there may be conflict of laws issues. The ability to manage cases of corporate insolvency is very helpful, as is a knowledge of commercial arbitration and alternative dispute resolution (ADR) processes: many cases are resolved through ADR rather than litigation.

Clients can be large international organisations, small firms or individual entrepreneurs. At any one time barristers may have either just one or two large claims to work on or a high volume of smaller cases with a reasonably rapid turnover. Cases vary from short points of construction (discrete issues concerning the interpretation of a term or some aspect of a contract or other document) to very serious, lengthy trials dealing with contested issues of fact, technical disputes and complex legal arguments. Practice in this area can involve applications to the court for some fairly draconian search and seize orders as well as orders for interim measures to protect or preserve assets and/or property that are relevant to a dispute. Deploying these tools to assist your clients can be a fascinating test of your intellect.

Commercial law is not for the faint hearted or those who hold their weekends sacred. Lazy lunches and early nights can sometimes become luxuries that are not afforded for sizable periods of time. However, on the plus side are the unrivalled variety and intellectual challenge offered by commercial work, travel opportunities (as experience increases), and the opportunity in August for a well-earned rest.

Is commercial law recession-proof?

As yet the recession has seen no appreciable downturn in work, with many clients taking advice, often for the first time, to define the limits of their various contractual and other legal obligations. Step forward the commercial Bar!

What skills do commercial law barristers need?

• Intelligence.
• Self-motivation.
• Willingness to work very hard.

Commercial law pupillages

A normal day for a pupil might be from 8.30 am to 6.00 pm but some late evening or weekend work may arise. Pupils are generally asked to read papers, think about appropriate case management tactics, research the law on issues relevant to cases, attend conferences with solicitors and clients, and visit court. There may also be an opportunity to carry out paid research or paperwork for other members of chambers. In the second six there is generally the chance for bright pupils to take on small cases themselves.

Types of law practised

• Conflict of laws.
• Contract.
• Dispute resolution.
• Equity.
• Insolvency.
• Property.
• Sales.
• Tort.
• Trusts.

Karen Gough is a tenant at 39 Essex Street. She studied law at Southampton University and was called to the Bar in 1983.