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Dispute Resolution

One of the key ways to resolve a dispute is sound legal advice. A no-nonsense, impartial opinion will help you decide whether to pursue your matter or cut your losses and walk away. Our lawyers will aim to put your best interest first and give you the frank advice you need.

We will identify your legal rights and advise you whether the law has a remedy. Your cause of action might be breach of contract, negligence, misleading or deceptive conduct, fraud, defamation etc. The appropriate remedy may be monetary compensation, an injunction, orders for specific performance, reinstatement etc.

There is no value in suing the wrong party, a party you cannot locate or a party that is worthless. We can help you to identify all potential defendants, and whether there's more than one of them. We will help you analyze your costs and your benefits, before deciding whether the potential defendant is worth pursuing.

Our dispute resolution lawyers will help you uncover evidence to support your case and advise you frankly whether your evidence is sufficient to rely on in court.  If necessary we can recommend experts for essential reports or valuations and for explaining financial records.

Your defendant may only take your claim seriously once you begin court action. Our lawyers have the expertise to commence your action by preparing a legal summons or statement that concisely states your case to the court. Often, defendants then take action which can lead to settlement before the hearing.

If your dispute cannot be resolved by negotiation then we advise our clients to analyze expected costs against potential benefits, as well as risk analysis before making the decision to sue. If you sue and win, the defendant may have to pay part of your costs. If you sue and lose then you can expect to be ordered to pay the defendants costs as well as your own. Our Lawyers have the experience to estimate these amounts for your individual situation, and support you through your decision process.

There are strict rules regarding service of court documents on parties. We will assist you through this process to ensure that your court papers are served properly, and your matter proceeds without unnecessary delay.

There are two sides to every story. Accordingly, if you sue then prepare yourself to be read the defendant's version of events. Additionally, you may find that the defendant wishes to counter-sue you. Cross-claims are sometimes used by defendants as a form of shock tactics. We will provide unbiased advice on whether you should reconsider your claim in light of the defendant's version of events.

If the defendant wishes to dispute your claim he must file a court document stating his case, called a defence. Our Lawyers will help you to evaluate the defence, and if appropriate, challenge its validity. If deemed invalid, the court may be prepared to strike out the defence.

If the defendant does not file a defence in time, then you may seek a default judgement without the need for a hearing. Judgement entitles you to proceed to collect the debt by: having the sheriff seize the defendant's property; by garnishee orders; by winding up in the case of a company; by bankruptcy or by installment orders.

Court rules tend to reward parties that make a genuine effort to settle out of court.  Our lawyers are skilled at finding opportunities for settlement, and every step of the way we will be looking for ways to settle, but only on reasonable terms to suit you.

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