Litigation, in general, can be described as a process of resolving legal disputes between two or more parties. These disputes include a solicitor from each party that represents the case at hand, just as normal. They are usually able to represent in litigation for both civil and commercial rights. This involves both commencements that are made against the opposing party, as well as defending proceedings that have been brought against your party. These types of cases are likely to go to court before it can be resolved but that all depends on the severity of the case. Some disputes can be resolved simply through negotiation and be settled in no time.
What Solicitors can do for You
The first thing solicitors do once they receive either a civil or commercial litigation case, is to check the claim and ensure it is valid before concluding a plan to win the case. They will then discuss strategies best suited to help the case and proceed with a strategy to defend you.
Solicitors will go as far as presenting you if the case cannot be resolved and it escalates to legal proceedings. Prior to the litigation case reaching such a point, they will be able to act for you in many matters and instances.
These include misleading and deceptive conduct, restraint of trade term disputes, debt recovery, disputes regarding your estate, insolvency claims, employment disputes, unconscionable conduct, commercial disputes, as well as contractual, consumer disputes, intellectual property disputes, partnership and company share dispute, as well as anything related to these matters.
What Happens When Litigation goes to Court?
While litigation that ends up going to court are quite common, most people don’t want to go that far when it comes to their case or solving the issue at hand. Trying to prove your point, resolving the matter between you and another party and even winning the case could turn into quite a process and one that is not taken lightly. If the litigation does go to court, you can expect it to be extremely time-consuming, drawn out and expensive.
However, whichever party loses, are expected to pay all of the costs involved for the opposing party.
The Cost of a Litigation Case: Making it to Court
The cost that is ordered by the relevant court is usually less than the amount spent by a winning party. This is referred to as “ordinary” costs which depend on various factors, all of which includes whether or not the order is sought, the complexity of the matter, the total amount of cost incurred and the discretion and ruling of the judge.
There might also be costs awarded that covers the entire amount spent by the winning party, referred to as ‘’indemnity’’ costs. This is only awarded in cases where there is incorrect conduct by the losing party.