Things you should know

  • To prove any litigation case you need to assemble admissible evidence.
  • Good evidence is essential. A lawyer can identify evidence to prove a case that you may not have thought of, or recognised.
  • A number of potential remedies can be pursued in court; a lawyer can advise you on them.
  • Varying circumstances may require a different court, jurisdiction and remedy (EG damages, injunction, or declaration).
  • Limitation periods can apply to some causes of action, so it’s important to seek legal advice quickly.

The Messner & Blunden Difference:

  • We offer a unique level of experience and expertise in litigated disputes due to the number of cases we have taken.
  • We understand the stresses litigation places on people and guide our clients through the process trying to minimize distress and provide timely and cost-effective approach and advice.

Why would you need this service?

Litigation is the formal method of dispute resolution that involves taking a dispute to court, usually when matters are regarded as being incapable of alternative resolution.

Litigation is often regarded as the last port-of-call for resolving a dispute (alternatives include mediation, arbitration, or simple negotiation) – although in some cases it’s appropriate to go straight to litigation.

You might find yourself as the defendant of a litigation case arising out of a contract dispute, or alleged damage caused by your actions or failure to meet certain obligations.

Alternatively, you might wish to sue someone for moneys that are due to you because of a contract breach, or damage you’ve suffered as a result of someone else’s actions or failure to meet certain obligations. In this instance you would be the plaintiff of a litigation case.

In business, you might want to stop someone selling a product that’s similar to your product or brand. In this instance you’d issue a claim breach for copyright or term of their licence. Or, you might wish to prevent the construction of a building that could negatively affect the value of your property.

Litigation disputes are almost endless in their possibilities; but their resolution in an orderly and competent manner is a responsibility of your lawyer.