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Duncan Basheer Hannon

- 21 May 2015
  • Commercial Law

Commercial litigation: Basic considerations for lawyers and clients

Commercial litigation can be extremely costly and stressful if not managed conscientiously and efficiently.

That is why from the outset, it is important for your lawyer to know what you actually want and are hoping to achieve.

Obtaining a detailed chronological statement from you at an early stage is essential.

It is also important that you provide as many relevant documents as possible and are able to trace their backgrounds.

This will also help ensure that throughout the course of the litigation, the risks and costs involved are managed and continually weighed up against the best and worst outcomes for you.

Once we have obtained a thorough understanding, the next consideration is discerning what laws will allow you to achieve your goals.

This involves getting the common law right, being across the relevant statutes and being familiar with the rules of evidence to actually prove the claim.

Given the fluid nature of the law, keeping up to date with significant developments in commercial law through recent decisions made by the Courts is essential.

However, it is always worth remembering that there are alternatives to full scale legal proceedings and we strongly recommend that mediation is exhaustively explored with litigation a last resort.