WHAT SHOULD YOU CONSIDER BE TAKING LEGAL ACTION
Litigation does not come without risks - therefore it is essential to consider these before embarking on a litigation route.
WHAT SHOULD YOU CONSIDER BE TAKING LEGAL ACTION
Litigation does not come without risks - therefore it is essential to consider these before embarking on a litigation route. Potential risks include:
TIME
Remember that extensive management time is likely to be spent in dealing with litigation, including liaising with your solicitors about the matter, providing instructions, gathering information and documents, and potentially attending a trial and other hearings. Management time is usually not recoverable but it is also important to bear in mind that various members of your staff will be prevented from carrying out their normal duties whilst they divert time to these tasks.
REPUTATION
Depending on the type of the claim, litigation can sometimes attract publicity which you may prefer to avoid and which should, therefore, be borne in mind when considering whether to pursue the claim.
UNPREDICTABILITY
All litigation comes with an element of risk. Key documents, which may affect the prospects of success of the claim, may not be disclosed until after proceedings have been issued. Witness evidence may also no longer be available and/or may be affected by failing memories. Witnesses can also be unpredictable as to the evidence they give at trial.
COSTS
Always bear in mind that if you lose you will be liable to pay your opponent(s)’ costs as well as your own.
Conclusion:
Regardless of the specific course of action, one wishes to take, it is important to carefully consider the merits of the claim as well as any other remedies that are available.
Pursuing legal action can be the beginning of a long and strenuous endeavor that may or may not produce favorable outcomes. Before such a path is taken one should first consult a lawyer to assess the merits of the case.
In many instances, legal action may be unreasonable due to the high costs of litigation.
Demand letters may be a more appropriate course of action in these cases. Even if a settlement is not reached through a demand letter the option to pursue legal action remains available thereafter. However, when sending a demand letter one may risk losing the option to take legal action if a settlement is not reached by the end of the limitation period. As such it is always advisable to consult a lawyer on the best course of action may be.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080