Over the years, Saul Marine & Co has handled a number of disputes in a variety of courts and at a variety of levels. Sometimes small amounts were involved and sometimes there are larger amounts and often litigation happens on points of principle.
Looking at some of the cases that we have conducted, I would state that the causes and why litigation does happen can come from some of the following:
Bad communication or lack of communication. Many disputes could have been resolved or may not even have started had there been early and good communication between the litigation parties this is particularly prevalent in boundary and neighbour disputes.- Lack of an agreement in writing. Disputes are particularly relevant in the commercial contract where business has become involved in dealings with each other and where there is a lack of contract setting out what each business is responsible for. One of my principal messages is “the way to reduce the pricing is to put it in writing” so if in doubt about your responsibility, putting your understanding in writing can eliminate any doubts and a possible future dispute.
- Financial difficulties of one party. Often there are changing circumstances from the time the contract was entered into or the agreement or understanding was reached and and it is these changing circumstances or financial difficulties that can cause one party not to carry out their obligation.
Point of principle – it is often said to me by clients that they would want to litigate because this is a point of principle. Whilst it is difficult when someone reaches a decision that they want to litigate a dispute because of a point in principle, it is often a stumbling block to resolution of the dispute. The tendency these days are for the Courts to encourage parties to engage in resolution and mediation and parties can be penalised for refusing to engage so disputes can be lengthened because of a refusal to engage in discussion or mediation or alternative dispute resolution.- Unfair bargaining power often in a business situation or even in a personal one-to-one situation. One party has a stronger negotiating position and sometimes can take advantage of the person in a weaker position. An imbalance in a bargaining position can cause an imbalance in the contract or understanding meaning that in order to resolve that imbalance the courts may have to be utilised to resolve the dispute. Far better in that situation to take proper legal advice to ensure that any contract or understanding fairly reflects and represents the position between the parties and is well drafted and we can also assist with this.
We can provide expert advice in relation to any of the situations that arise above or ultimately if there is an unfortunate dispute we can represent any injured party in court. To get some good advice, just contact us via this link>
