Commercial & Corporate Litigation
Most commercial disputes are decided long before trial: in the strength of the pleaded case, the interlocutory applications, and the discipline of the documents. We litigate that way — narrowing the matter to the issues that decide it, and pressing them.
Contract, debt, fraud and corporate disputes in the High Court — from the urgent injunction on day one to the judgment and its enforcement.
What we handle
- Breach of contract, debt recovery and guarantees
- Injunctions — prohibitory, mandatory, Mareva (freezing) and Anton Piller
- Fraud, breach of fiduciary duty and tracing claims
- Summary judgment and striking-out applications
- Enforcement of judgments — writ of seizure and sale, garnishee, judgment debtor summons
- Setting aside default and enforcement of foreign judgments
Our approach to a commercial litigation matter
Scope and preserve
We identify the two or three issues that decide the matter, and whether anything needs preserving now — assets, evidence, the status quo — by injunction before the other side reacts.
Plead precisely
The pleaded case sets the boundaries of the trial. We plead to win on the documents, not to cover every argument, and we test the other side’s case for a striking-out or summary-judgment opening.
Interlocutory pressure
Discovery, further and better particulars, security for costs — the interlocutory stage is where a case is shaped and, often, resolved. We use it deliberately.
Trial and enforcement
If the matter is tried, it is tried on a clean chronology and a short list of real issues. A judgment is only as good as its enforcement, so we plan enforcement before we have it.
The team for commercial litigation
Commercial Litigation: the questions we are asked
How quickly can you obtain an injunction?
An urgent ex parte injunction — for example, a Mareva order freezing assets — can be applied for within hours of instruction where the evidence supports it. Speak to us the moment you suspect assets are being moved; the strength of an injunction application often depends on acting before the other side is alerted.
Is my claim still in time?
Most contract and tort claims must be brought within six years of the cause of action accruing (Limitation Act 1953, s.6). The date it accrued is often contested, and time can be postponed or reset in defined circumstances. Our limitation checker gives an indicative deadline, but do not rely on it without advice.
What does commercial litigation cost?
Contentious work is charged on time-costs — the hours actually worked at the responsible lawyer’s rate — or, for defined stages, an agreed fixed fee. Percentage or contingency fees are not permitted for litigation in Malaysia. We scope an estimate against the likely path of your matter at the outset.