Should I sue?

Only a lucky few get through life without needing to see a lawyer. For the rest of us, life often provides unexpected problems which require professional assistance. Be it a police charge, family separation, personal injury or business dispute, a good lawyer can be critical in times of need.

Enquiries we often receive, especially since covid-19, relate to contractual disputes between two parties. It can be surprising how often we enter contracts without turning our mind to it. Some contracts are more obvious than others such as engaging a builder to construct a swimming pool or buying a vehicle from the dealership. However, some are more inconspicuous such as buying items online or lending money to your friend.

When one party breaches a contract (for example, not completing the swimming pool, providing the wrong model vehicle, not delivering the items or not repaying the money) the other party may consider whether they ought sue the breaching party.

Whether it is for breach of contract, or another claim, there are a number of factors that should be considered before embarking on the ardours path of litigation. These include:

1 - Litigation can be risky. Whilst a lawyer can shape your claim to have the best prospects of success, a judge’s determination can never be guaranteed.

2 - Litigation can be long. Fully contested litigation can take a number of years to resolve.

3 - Litigation can be expensive. Even a ‘winning’ party can be out of pocket in legal fees, especially in “non-costs” jurisdictions.

4 - Litigation can be stressful. It is adversarial in nature and people can find it draining and burdensome to their everyday life.

If you are experiencing a civil dispute and need legal assistance, please contact our experienced team so we can evaluate the above factors with you. If litigation is unavoidable, we would also be happy to discuss that process with you