Business tort litigation refers to legal disputes that arise when one party suffers harm, reputational damage or financial loss due to the wrongful actions of another party in a business context.
In business tort litigation, the harmed party can make a claim against the party that has committed the wrongful act, suing them for the negative effects their harm has caused to their business.
At South Bank Legal, our team of commercial solicitors are highly experienced in tort law and can assist clients in business tort litigation, ensuring your best interests and legal rights are protected during the process. Please do not hesitate to get in touch with us today to find out more.
Elements of a business tort claim
To make and prove a business tort claim, the claimant generally needs to establish the following elements:
- Duty: The defendant had a legal duty to act or refrain from acting in a certain way.
- Breach: The defendant breached that duty.
- Causation: The defendant’s breach caused harm.
- Damages: The claimant suffered actual damages as a result of the defendant’s actions.
Common examples of business tort
Common examples of business torts include:
- Tortious Interference with Contract: This occurs when a third party intentionally disrupts a contractual relationship between two parties, causing one party to breach the contract.
- Tortious Interference with Prospective Business Relations: This happens when someone intentionally interferes with potential business opportunities.
- Fraudulent Misrepresentation: Involves intentionally providing false statements and information to induce another party into a business transaction.
- Unfair Competition: Involves unethical or deceptive practices designed to harm a competitor or gain an unfair advantage.
- Business Defamation: This occurs when false and damaging statements are made about a business, product, or service, causing financial harm.
- Misappropriation of Trade Secrets: Refers to the unauthorized use or theft of confidential business information or trade secrets.
- Breach of Fiduciary Duty: When someone in a position of trust (such as a director or officer) acts in a way that harms the business or shareholders.
- Conspiracy: Involves two or more parties collaborating to harm another business through illegal or unethical means.
What legal remedies are available in business tort litigation?
Awarding damages are the most common remedy in business tort litigation, compensating the injured party for the financial loss that has occurred due to the wrongful actions.
Injunctions can also be sought, which are court orders preventing or compelling certain actions from the defendant. A prohibitory injunction stops harmful conduct (for example, ensuring the restraint of trade secrets), while a mandatory injunction requires the defendant to take corrective action.
Other remedies can include an account of profits, which compels the wrongdoer to hand over any profits made from their wrongful actions, and in rare cases, the court may order specific performance, ordering the defendant to perform or fulfil specific obligations.
How can South Bank Legal assist?
Our team of business tort litigation solicitors are highly experienced in commercial law. We can assist both individuals and companies who are looking to resolve their disputes, advising on the best course of action for your circumstances.
Additionally, we provide specialist legal services on a wide range of commercial issues. These include intellectual property disputes, multi-million pound corporate acquisitions, commercial contract disputes and property disputes.
If you would like more legal advice or information regarding our law firm’s business tort litigation solicitors, you can contact us using the form below or telephone 02035765179 for a confidential discussion with one of our solicitors.
Michael Czechyra is a senior commercial solicitor and the founder and Managing Director of South Bank Legal, a commercial law firm in Central London.
Michael primarily acts for business clients in corporate and commercial transactions and disputes, focussing on fintech startups, mergers and acquisitions, commercial contract drafting, as well as assisting with insolvency matters on behalf of technology companies and service providers, intellectual property issues, and complex business disputes.
Michael is known for his practical approach, his accessibility and his ability to meet his client’s timelines. His clients have included global corporations, private equity investors, financial institutions and trading firms, political parties and a national competition and consumer law regulator.
Michael has practised as a commercial solicitor since 1998. Prior to founding South Bank Legal, Michael held various senior and board positions at City of London law firms for several years.