A legal dispute is a disagreement between two or more parties that can be resolved through the civil courts. It’s a procedure in which a conflict is settled through the Civil courts, although parties will always be encouraged to utilize alternative dispute resolution (ADR) to discover less expensive and time-consuming settlements.
Commercial disputes, on the other hand, are classified as civil litigation. Commercial and business-related lawsuits fall under this category more accurately than commercial litigation does.
Whether a dispute is characterized as “civil” or “commercial,” it will follow a similar procedure. Disputes between companies are frequently more complicated, and they might, for example, including cross-border issues.
There are several circumstances in which civil litigation may be necessary, including:
Contractual disputes
Breaches of contract can happen in a variety of situations, including when one party to a contract fails to fulfil their obligations. Contract terms can be written or spoken, and the necessary elements of a contract are present (offer, acceptance, consideration, and intention). Legal counsel might assist in determining the terms of the agreement, identifying breaches and potential claims for.
Company/shareholder disputes
Disputes can occur between a business and its directors, for example, when a director has violated their fiduciary duties. To assess what options are available to the company in these situations, legal counsel may be required.
Shareholders may also have disputes with a company and, in such cases, they may require assistance to consider how to wind up the firm through the courts or, if there is the worry that the firm is being run in a way that is damaging to its members, minority shareholders can approach the court for their shares to be purchased at fair value.
Partnership disputes
Partnerships frequently come into conflict as a result of disputes over the partnership’s direction or, when partners want to leave, the terms of that exit. The partnership itself may seek legal assistance, or individual partners might.
Professional negligence
Professional negligence claims are filed when expert professionals fail to perform at the required level and as a result of their failure, someone loses money. Solicitors, accountants, and surveyors are examples of professionals who might be sued for professional negligence. Legal advice can aid in determining the breadth of a professional’s responsibility, as well as whether the act of
Commercial/residential property disputes
Disputes between landlords and renters are frequent, especially if one did not pay rent or is said to have breached the terms of his/her lease or tenancy agreement. The landlord or tenant may require legal counsel on their obligations to the other party, as well as whether they have broken any conditions of their lease/tenancy agreement.
In certain situations, landlords may also want to pursue possession of the property to seek compensation for the breaches. In either case, legal consultation is recommended.
Inheritance disputes
Wills, bequests, and inheritance are particularly delicate topics in family law. Disputes over who has been left out of a will or who contests their right to compensation are all too frequent. The person contesting the will or the estate of the deceased seeking to defend a claim may seek legal counsel from either side.
Commercial fraud
Another domain that falls within the scope of civil litigation is the wide variety of commercial fraud-related issues that can be classified as such. This includes allegations of trickery, fraudulent misrepresentation, or breach of trust or fiduciary duty in a business context, for example.
How Richardson Lissack can help
Most situations can and should be resolved through informal arrangements or alternative dispute resolution (ARD). Richardson Lissack know how to negotiate on behalf of clients and aim to resolve issues in the most cost-effective way possible. Richardson Lissack has handled a wide range of civil litigation claims, both as an advocate for individuals and businesses.
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