Litigation
Litigation refers to the process of resolving disputes through the court system. It is a formal legal mechanism where parties bring their cases before a judge or tribunal for determination. At our firm, litigation is always the last resort.
What is Litigation?
Litigation refers to the process of resolving disputes through the court system. It is a formal legal mechanism where parties bring their cases before a judge or tribunal for determination. Litigation may be civil (involving private disputes) or criminal (involving offences prosecuted by the state). At its core, litigation seeks justice and legal redress, but it can be time-consuming, emotionally draining, and financially demanding.
Our Policy on Litigation
At our firm, litigation is always the last resort. We believe that not every conflict requires a courtroom. Our first priority is to help clients resolve disputes amicably through Alternative Dispute Resolution (ADR). We advise clients to exhaust all non-contentious options first. Only when resolution remains impossible do we turn to the courts. Where litigation becomes absolutely necessary, our firm maintains a network of trusted **external litigation partners** who handle the proceedings on our behalf, under our guidance and supervision.
Civil Actions
Civil actions are legal proceedings between private individuals or organizations seeking to enforce a right, or to obtain compensation for a wrong (e.g., breach of contract, land ownership, debt recovery). The goal is to restore rights or recover losses, not to punish.
Pre-Action Stage
Exploring settlement or ADR options; issuing a pre-action protocol or letter of demand.
Filing of Originating Processes
Claimant files a Writ of Summons, Statement of Claim, and supporting documents at the appropriate court.
Pleadings Stage
Parties exchange written pleadings (Statement of Claim, Defence, Reply), setting out their respective cases.
Trial and Judgment
Parties present evidence and arguments, followed by the court delivering its binding decision.
Criminal Actions
Criminal actions are legal proceedings initiated by the State against an individual or organization accused of committing an offence (e.g., theft, fraud, assault). The key objective is justice, deterrence, and the protection of the public.
Chronology
Investigation → Arrest → Prosecution/Charging → Arraignment and Plea → Trial → Judgment → Sentencing.
Our Role in Criminal Matters
We focus on **advisory, preventive, and compliance-related services**. We guide clients during investigations, assist with compliance policies (anti-corruption, data protection), and engage external criminal specialists if a matter proceeds to prosecution.
Advantages vs. Disadvantages
Advantages
Provides a binding and enforceable judgment, allows for legal precedent, and offers structured procedural safeguards and appeal options.
Disadvantages
Often expensive and time-consuming, can strain relationships, lacks flexibility (outcome strictly determined by the court), and involves public proceedings.
Need Specific Advice?
Contact us today for a consultation on your Litigation matter.
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