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The Role of Commercial Litigation Solicitors in Business Survival

Nicole Choquette by Nicole Choquette
March 13, 2025
in Financial
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In the dynamically changing economy of the United Kingdom, many businesses are financially and legally exposed, which can potentially drive them into crushing levels of insolvency. Thousands of companies have declared bankruptcy in the recent past, which makes it imperative for businesses to know how commercial litigation solicitors can shield them from financial harm.

These attorneys have years of experience dealing with complex disputes, negotiating with creditors, and applying anti-insolvency procedures.

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A commercial litigation solicitor acts as a consultant to guide clients to make sure business disputes are solved most optimally from a financial standpoint and other relevant business continuity plans are put in place. Thus, businesses can avoid filing for bankruptcy and continue to operate for many years.

Understanding the Economic Challenges in 2025

Inflation and recession still greatly affect the UK economy in 2025. Along with higher inflation, supply chain issues also bring a negative impact to business. Industry experts predict that in 2024 company bankruptcies will rise by 10 percent from 20200, surpassing 31000 cases for the first time since the pandemic. This is more than one and a half times the average number during normal times.

Among the most affected businesses are:

  • Construction – Stalled progress on projects and exorbitant material costs
  • Retail and Wholesale Trade – Suffering from low customer spending
  • Hospitality and Food Services – Volatile demand for services coupled with high costs of service delivery

All these factors combine to create a socio-economic reality that compels businesses to take extremely difficult economic and legal steps to avoid liquidation. For many, the first point of contact is usually a commercial litigation solicitor who offers to help them when they seek to restructure their debts and renegotiate existing contracts.

Key Legal Strategies to Prevent Bankruptcy

A company in financial distress can be helped by a commercial litigation solicitor through various legal strategies that provide relief such as negotiation, financial restructuring, and creditor relief. A few of these include:

1. Negotiating with Creditors

Along with financial restructuring, negotiation is one of the most powerful strategies solicitors use to help businesses avoid going bankrupt. When companies have a lot of debts, the solicitor can negotiate with the company’s lenders and most valued suppliers on their behalf, which may yield fresh payment plans. Not only can solicitors illustrate a business’s ability to recover, but during negotiations, lawyers can also get better terms such as lower payments, lower interest rates, and even debt repayments that are relatively easy to afford financially.

2. Implementing a Company Voluntary Arrangement (CVA)

While solicitors tend to view CVAs as a powerful intervention tool, these CVAs are the ones allowing companies to still operate while repaying a nominated portion of the debts during a fixed time. CVAs also protect companies from having to sell the assets immediately, which helps them gain financial stability and aid the businesses to properly work towards profitability. They are used in helping to stave off compulsory liquidation.

3. Exploring Alternative Financing Solutions

Many businesses, small ones in particular, need to convert other assets into cash to keep functioning. Solicitors help identify and obtain other sources of financing such as:

  • Asset-based lending – using the borrowing firm’s business assets as collateral to obtain a loan.
  • Invoice Financing – buying unpaid invoices for a fee, thus allowing the firm to instantly have cash on hand.
  • Private Equity Investments – bringing in outside investors to fund the expansion of the business.

With the solicitors’ network, businesses are matched with potential financiers who may provide relief no matter what the state of the economy is.

4. Legal Dispute Resolution and Litigation

Quite often, financial trouble leads to lawsuits, whether for breach of contract, failure to settle debts, or for disputes with suppliers. A company solicitor specialises in commercial disputes on behalf of businesses and undertakes court processes to have the matters resolved.

By using mediation, arbitration, and court action, solicitors defend firms from litigation that may worsen their financial circumstances.

Companies in need of legal support for commercial disputes can consult Summit Law for expert advice.

5. Business Restructuring and Corporate Governance

A solicitor can assist in internal restructuring maneuvers that balance the financial books. This may include:

  • Combining or purchasing competing companies for enhanced market dominance
  • Shutting down unprofitable business segments
  • Evaluating the corporate governance scrutiny to make sure it meets legal standards

Streamlining operations, cutting excess spending, and improving efficiency are some goals that restructuring a business can help achieve.

The Importance of Early Legal Intervention

Insolvency is often the only time people seek legal guidance when it comes to business. Waiting this long, as a law office commercial litigation solicitor will tell you, makes it difficult to recover financially. If legal and financial problems are solved in advance, a business has no need to worry about creditors taking extreme steps like enforcement of winding up petitions or asset seizure.

Solicitors examine the financial state of a business for reasons, diagnose the problems, and suggest the cost of legal services immediately. While these services help the business ensure compliance with UK insolvency laws, the business is simultaneously baffled with what options they can take to recover from the situation.

Conclusion

The UK business environment in 2025 will still be complex as many companies continue to struggle financially on account of economic volatility and a rise in operating expenses.

A commercial litigation solicitor comes in handy, and is relied on the most, by companies in such desperate circumstances because, at least, there are legal means of saving the business from bankruptcy.

From dealing with creditors to negotiating CVAs, from resolving disputes to arranging alternative finance, this is where competent solicitors come in and provide essential assistance that differentiates between insolvency and recovery. Those businesses that realize the glaring need for legal counsel at such times and take proactive measures are in a better and stronger position to survive economic difficulties.

Nicole Choquette

Nicole Choquette

Assistant Managing Editor

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