Business disputes are always a problem, as nobody really wants to get to court. However, if amiable resolutions aren’t possible, the only way to dispute your business problems remains the courtroom. Litigation is one of the most difficult decisions, so you should ponder all cons and pros very well before taking your problems to court. Local solicitors like Guillaumes can help you if you’re ever in this situation.
When Negotiations Fail
Going to court is always the last solution, chosen only after everything else failed. Most business owners and managers try to resolve their business disputes the painless way. Some of them are successful, but there are situations in which nothing works, so they need to resort to this last choice, taking their problems to court. However, you have to be aware that litigation in business circles is always something tricky, so you’d better have a very strong case, with hard evidence, otherwise you risk to fail. This is why, it is strongly advisable to have a written record of all communication with your business partners, even from the moment of the slightest suspicion that you might end up in court. Even if your worries prove to be in vain, it’s better to be prepared for the worst. A court case involves a lot of effort, so you need to be sure you are going to win it.
It’s also worth pointing out that if you win your case, the other part has to pay some of your legal costs, but they won’t pay for all your expenses. It is possible that they don’t have enough resources to pay you. Perhaps they went out of business since you sued them, so you are never going to see your money back. Additionally, you have to keep in mind that in case you lose your trial, you are going to need to pay the legal expenses made by the other side.
Making Or Defending Your Case
As soon as you decide the court is the only way to go, you have to start preparing your case. Hiring a good lawyer is a must, if you have to increase your odds to win the trial. Lawyers know very well how to make their cases in order to increase their chances to win. Additionally, an attorney can help you through all the stages of this process. After you’ve made your case, you have to submit a claim to your local court. The details of this claim are going to be sent to the defendant. If the defendant admits the liability or agrees to a settlement, you can consider yourself a winner. Nonetheless, it is possible that the defendant disputes the claim, so you should always be prepared for this situation.
If the defendant chooses to dispute your claim, your case is sent to a court that handles that type of claims. There are small claim courts, handling cases up to £10,000 and bigger courts that handle large claims. The court is going to schedule everything and inform you and the defendant about all hearings and other information you need to know regarding the times when you have to present your evidence or other documents. If you miss your deadlines, it is possible that you lose the right to continue the claim, so you should take it very seriously, even if you have to postpone other things to proceed with your claim.
Both you and the defendant are going to have your chance to make your case. The attorney of law is very important, as he can help you win by presenting your case in the most favourable light. The one of you who loses has to pay the legal costs. If you don’t agree with the decision made by the court, you can appeal against it, but this is going to cost you even more time and money.