Civil Litigation

Civil litigation is the term used for a legal dispute that has occurred involving two or more parties seeking money damages or a specific performance, in comparison to criminal sanctions.
Litigators are what are known as the lawyers that specialise in civil litigation, and solicitors who practice civil litigation will represent the parties in hearings, trials, arbitration and meditations before foreign tribunals, administrative agencies, federal, state and local courts.

The Process

There are seven stages of the litigation process: investigation, pleadings, discovery, pre-trial, trial, settlement and appeal.
However, not every lawsuit will pass through each of the stages of the litigation; in many cases, lawsuits have been settled prior to the upcoming trial and those that do reach the verdict of the trial are not appealed afterwards.

Complex civil litigation will take years to pass from pre-suit investigation through trial/settlement.
The stage of discovery is the longest stage of civil litigation, not a lot of time is spent in trial, and most is actually devoted to the discovery stage in the litigation process.

 

Company and Commercial Disputes.

As part of our full service, we can assist with the following matters:

• Acquisition of companies and businesses;
• Shareholder, partnership, and joint venture agreements;
• Company administration and secretarial duties;
• Company formation and constitutions;
• Directors’ duties and liabilities;
• Shareholders’ rights; and
• Terms and conditions.

For advice on any of the above, or any other commercial law matter, please contact us.

 

Commercial Contracts

Commercial contracts are essential to protect your business interests. They manage relationships between your business and its clients and suppliers. It is key that the contract terms are drafted carefully in order to avoid disputes further down the line. While it may seem like an extra expense and task for an already busy business, instructing a solicitor to help you draft your contracts will ensure they are valid, comprehensive and protect your interests.

All contracts must have the following elements present for them to be legally binding:

• An offer;
• Acceptance of that offer;
• Consideration;
• The intention to create legal relations; and
• The person making the contract must have legal capacity.

Commercial contracts do not have to be in writing to be legally enforceable, although verbal contracts are notoriously difficult to enforce. It is therefore highly recommended that commercial contracts are in writing.

 

Commercial Contract Terms

We can help you draft effective terms relating to:

• Conditions: the key provisions in the contract, such as payment rates and dates. If a condition is breached, this contract can be ended by the other party and legal action may be taken.
• Warranties: the non-essential terms, for example relating to communication between the parties. If these are breached, legal action may be taken but a breach will not cause the contract to come to an end.
• Performance obligations: the terms that outline what each party must do. The details of these will be established through negotiation with the other party, and should be drafted to protect your position.

 

Commercial Disputes

In the business world, it is almost impossible to avoid disputes. With that in mind, it is vital that you and your company have a policy in place in order to deal with disputes.

We offer practical solutions to your business issues. Your solicitor will be available when you need them, returning your phone calls and answering your emails promptly. Our commercial team understands business, and the tight timeframes our clients are coping with. We will work productively to get a deal, contract or dispute dealt with swiftly and cost-effectively.