Civil Litigation

Civil litigation is the part of the law that handles disputes between people and businesses over money, property, and agreements. Nobody is going to jail. What is usually at stake is a sum of money, a piece of property, or a business relationship, and often all three at once.

The kinds of disputes we handle

• Breach of contract, where one side did not do what it agreed to do.
• Disputes between business partners, including disagreements over money, control, and how to separate.
• Property disputes, including those between landlords and tenants, buyers and sellers, and neighbours.
• Claims over unpaid work, unpaid invoices, and money that was promised and never arrived.
• Defending against a lawsuit that has been filed against you or your business.

If you have just been served

There is a deadline to respond, and it is short. If you do not answer in time, the other side can ask the court for a default judgment, which means they can win without ever proving their case. That judgment can then be used to garnish wages or place liens on property. This is the single most common and most avoidable disaster in civil litigation, and it happens because people put the envelope aside intending to deal with it later.

Most cases do not reach a trial

That is not a failure. Litigation is expensive and slow, and a case that settles on sensible terms in month four is usually a better outcome than the same case won in year three after far more has been spent on it. Many courts also require mediation before trial, which gives both sides a structured chance to resolve things.

That said, a case only settles well if the other side believes you are prepared to try it. We prepare cases as though they are going to be heard, because that is what creates a reasonable offer.

Being honest about cost

Civil cases can cost more to fight than the amount in dispute, and it is not in your interest for us to pretend otherwise. Early on, we will give you a realistic view of what pursuing the matter is likely to involve and what it may be worth. Sometimes the right advice is a demand letter rather than a lawsuit. Sometimes it is to walk away. We would rather tell you that at the start than after a year of fees.