Commercial issues and disputes arise for a variety of reasons and circumstances. The goal is to get to an acceptable resolution. We can help you to resolve the dispute. Where litigation is inevitable or already on foot, we are able to act for both plaintiffs and defendants up to and including trial (and appeal as necessary). We mediate where we can and litigate where we must.
If you are involved in a commercial dispute, whether to make a claim or there are allegations against you, you should seek legal advice as soon as practicably possible.
Or initial advice is comprehensive, yet clear. Prior to initiating formal court proceedings, we ensure that your position is clear and there is merit to the claim.
It is always best, to reach a commercially acceptable outcome prior to commencing any litigation and we will exhaust all avenues to ensure an amicable but commercially acceptable outcome, before commencing of any proceedings.
Mediation is a useful tool in resolving disputes and there can be several attempts at mediation before a trial.
Prior to a trial (or final hearing), formal mediation with a mediator is generally compulsory. The last mediation before trial is where the issues have been fully articulated after discovery of documents by each party, and both parties have had the opportunity to consider the strengths and weaknesses of each side’s case.
This is why many cases resolve at mediation, and the matter only proceeds to trial where the parties are just “too far apart” and the matter cannot be resolved.
If you have received a Statement of Claim you are the defendant and have a limited time frame to respond. If you do not respond within time, the plaintiff/claimant may apply for a default judgment.
You should obtain legal advice from a competent litigation lawyer as quickly as possible, who amongst other steps will be able to review and advise as to the claim and advice and assist in determining any defense or defenses and articulation of the same, including any counterclaims.
Depending on the complexity of the dispute, a barrister may be engaged to provide an opinion as to any defenses or counterclaims, and/or assist with preparing a reply, which is referred to as a statement of defense.
Where ultimately a dispute reaches trial and a decision is made by the court, and if one of the parties is unsatisfied with the outcome, the party may consider an appeal. Just being unsatisfied with the result does not give you the right to appeal a judge’s decision: there must be legal grounds and these must be carefully considered.
Parties must always consider carefully, their position and merits of their case and take proper and competent legal advice, prior to venturing down the path of litigation or an appeal; as costs can and often are awarded against the losing party. Costs are discretionary, and where awarded it is unlikely to cover all of the fees incurred by the successful party.
A statement of claim is a legal document that sets out the grounds and detail of the claim. The statement of claim is the substantial initiation of formal legal proceedings.
The statement of claim contains pleadings and particulars. Pleadings are the details that are relevant to the dispute and are the basis of one’s claim against the other party.
One of the primary benefits of hiring Appius Lawyers is that you’ll receive personalised service.
Appius Lawyers is much smaller than the mega-firm, but we offer clients expertise and creative solutions at a cost that many larger firms simply can’t match.
One of the top benefits of working with Appius Lawyers is having more flexibility when it comes to billing structure.
The great thing about working with Appius Lawyers is that we focus and take the time to learn your industry, to understand your business and what we can do to help it move forward.
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