5 things you need to know about Disputes/Litigation
- Legal disputes are costly, time consuming and draining. If possible it’s best to avoid disputes, but this is not always possible. If you’re involved in a dispute, it’s important to work with a disputes lawyer who understands that going to court isn’t necessarily going to be the best option.
- If one party owes money to another, the first step is often a lawyer drafting a letter of demand for the money owing. This is a legal letter that sets out one party’s demand that they be paid, the legal right under which the demand is made (for example under your business terms and conditions), and the consequences of payment not being made.
- The other side may respond with their perspective. You can then seek to negotiate. If the dispute doesn’t settle after negotiations, the next step will generally be filing a statement of claim in the relevant court. A statement of claim is essentially a document which sets out the case of the party seeking redress. The defendant should then file a defence. This is an explanation of the defendant’s position.
- The statement of claim and the defence need to be correct, so you will want to work with a specialist disputes and litigation lawyer. Beyond simply drafting the necessary court documents, your lawyer will of course advise you in which court to file the matter.
- Should your matter end up in court, it may still be advisable to settle before judgement is reached. An experience disputes lawyer or barrister should advise you on the progress of your case and propose settlement should this be the appropriate course of action.
Sydney Birchall Key Focus:
Business And Commercial, Litigation, IP, IT And Media, CleantechExperience:
Herbert Smith Freehills, Optim Legal