Our litigation team handles litigation for plaintiffs and defendants in all phase of civil litigation from early stages through trial.
We strive to assist out clients in amicably resolve all issues to minimize emotional fallout. If good-faith negotiation and settlement prospects have been exhausted, litigation is necessary. We approach litigation with thorough preparation, most realistic assessment of likely outcomes and cost-effectively. To each case, we bring practical knowledge and knowledge of the process of the Court in determining the family issues.
We deal with various areas including:
- Debtor-creditor relations in debt dispute
- Real estate
- Shareholder disputes
- Partnership disputes
- Personal injury
- Consumer protection
- Bankruptcy and Corporate Insolvency
You should first seek legal advice before initiating court proceedings. There are various aspects to be considered before commencing court proceedings amongst other things, such as assessment of your claim, the grounds of claim, the quantum or monetary value of claim, the relief/remedy sought, the jurisdiction of the court, the readiness of your matter to be referred to the court, the extend of the parties negotiated resolution and the list goes on.
If you are a named Defendant in a court proceeding and you have been served with a court document of Plaintiff commencing a claim in any court, you should urgently seek legal advice to consider your next step and your options. Once proceedings are initiated in court, there are deadlines and specific procedures that must be followed. If a Defendant fails to file a defence within the required timeframe of the competent court, the Plaintiff can make an application for default judgement against the Defendant in seeking for the orders sought in its claim.
After succeeding in obtaining a Court Order, you should seek legal advice for the best manner of enforcing of the Court Order. Some options in enforcing the court order are:
- Summons for Oral Examination
- Warrant to seize property
- Warrant of seizure and sale
- Attachment of Earnings
- Bankruptcy or liquidating (winding up) a company
- Instalment Order
The parties can opt for the matters to be resolved using Alternative Dispute Resolution methods such as mediation. This requires cooperation and participation of the other party/parties.
Every case is unique with different facts and circumstances, varies depending on for instance (non-exhaustive) the complexity of dispute, the work involved or required, compliance of procedural orders, issues in dispute, the extent of negotiation, the volume of documents, availability of documents, the approach adopted by the other party etc. Some matters can take months while other matters may take years to go for trial.