No business or individual looks for or wants a legal dispute. If you find yourself in this situation, you will need a clear head and to understand and appreciate that tactics, strategy and process are often as important as the strength of your case in law.
At Darlingtons, our experienced commercial litigation solicitors adopt a balanced approach, strongly pushing a clients position whilst strategically aiming for an early settlement.
It can be all too tempting to launch straight into civil court proceedings, especially where you feel aggrieved and want to show you mean business to the opponent. However, this is rarely, if ever, a sensible and measured approach.
Good commercial and civil litigation lawyers will help you assess:-
Carefully compile and consider the available evidence and to consider whether there may be evidence that doesn’t favour your position.
Investigate the legal position and understand the possible claim or defence which may be put forward – is your legal position as strong and straightforward as you think?
A vital aspect of most cases – for example, should you apply for summary judgment or an injunction or to strike out the opponent’s claim?
There are rarely any outright winners in commercial litigation disputes and both sides may end up losing to one degree or another. Alternative Dispute Resolution may be the best outcome, but takes a commitment, realistic approach and willingness from both sides.
If you win, how likely is it that the opponent can or will pay? Is your claim worth what you think it is?
If the dispute progresses, your position may not be as strong as you first believed. Often with litigation, once the parties to the dispute start down the court route there is a tendency to want to ignore or overlook evidence which comes to light as the case progresses.
Our litigation lawyers have wide ranging and deep experience in all the courts, whether the Supreme Court, County Court, Tribunals, or specialist arbitration or mediation forums. If you have a business or personal legal dispute, we offer sound and specialist advice. Types of disputes we specialise in include :-