5 things you need to know about Litigation
- Litigation is the process of seeking a judgement by the courts in relation to a dispute. Most commercial disputes do not result in litigation, but many businesses do nevertheless find themselves involved in litigation. It’s vital that you work with an experienced lawyer who understands the process.
- The first stage in the court process is for the initial court documents to be drafted. For the applicant (the party who is appealing to the court), this will involve drafting and filing a statement of claim. The defendant will then draft and file a defence.
- Often the court will require the two parties to attend mediation before the case is litigated in court. This involves the parties presenting their case to a mediator, with the mediator attempting to find a solution which is acceptable to both. Agreeing on a settlement during mediation can help save on legal fees.
- If the matter reaches court you will need a solicitor, and sometimes a barrister, to represent you. Your solicitor will be able to advise if instructing a barrister is a good option or not. Barristers are specialist litigators.
- Finally, remember that litigation is not necessarily about winning, but rather about getting the best result, bearing in mind the strengths of your case and the legal costs. Work with a pragmatic lawyer who understands these realities.
Sydney Birchall Key Focus:
Business And Commercial, Litigation, IP, IT And Media, CleantechExperience:
Herbert Smith Freehills, Optim Legal