Litigation
Overview
Court representation in commercial, civil and administrative cases.
Litigation is rarely an end in itself. It is a tool with a cost, a timeline and a probability of success, and the decision whether to litigate should be taken with the same clear-headedness as a commercial decision. We therefore begin with an assessment of the evidence and of realistic recoverability, not with the statement of claim.
We represent clients in civil, commercial, employment and administrative proceedings — as claimant and as defendant, at all instances. A substantial part of the work concerns commercial disputes: breach of contract, debt recovery, liability for damages, and disputes between shareholders.
Where possible we discuss out-of-court routes before proceedings — negotiation, settlement or mediation. These are not a retreat; they are often a faster and cheaper route to the same result.
What the service covers
- Preliminary assessment of the dispute — evidence, prospects, costs, recoverability
- Demand letters, responses and pre-action correspondence
- Statements of claim, defences and representation at all instances
- Commercial disputes — breach, contractual penalties, liability for damages
- Debt recovery, including order-for-payment proceedings
- Shareholder and corporate disputes
- Employment litigation
- Property and title disputes
- Administrative proceedings and appeals against administrative acts
- Interim relief before and during proceedings
- Enforcement proceedings and defence against enforcement
- Settlement negotiations and mediation
Who it is for
Companies facing a breached contract or an unpaid receivable; parties served with a claim, an order for payment or a demand for voluntary performance; shareholders in dispute; and anyone who, before starting proceedings, wants a sober assessment of whether they are worth it.
Frequently asked questions
How long do proceedings take?
There is no honest general answer. The timeline depends on the type of dispute, the court, the number of instances and, above all, on whether an expert report will be commissioned and how many witnesses will be heard. A realistic estimate is given after reviewing the documents, and it includes the likelihood that the case will not end at first instance. I prefer to give a range in advance rather than a deadline that will not hold.
The debtor owes money but may dispose of their assets. What can be done?
The law provides for interim relief — including before the claim is filed — through attachment or an injunction over property, so that assets remain available for future enforcement. The application is decided quickly and usually requires security. This is one of the few measures where a delay of a few days can be decisive.
I have received an order for payment. What happens next?
Order-for-payment proceedings are fast and take place without summoning the debtor, so the reaction after service is decisive. An objection does not require reasons on the merits, but it must be filed within a short period, and missing it makes the order enforceable. If you have received such a document, time runs from service — this is a case in which advice should not be postponed.
If I win, will my costs be awarded?
As a rule costs follow the event and are awarded to the successful party, including legal fees. What is awarded, however, does not always match what was paid — the court may reduce the fee where excessiveness is pleaded, and where a claim succeeds in part, costs are apportioned accordingly. And here too there remains the separate question of whether what is awarded will actually be recovered.