Company Law

“It is better to commence litigation through court proceedings especially since the final results are binding, unlike the alternative dispute resolution methods.”

The issue here is whether commence litigation through courts proceedings is better than alternative dispute resolution methods since the final results are binding.

Litigation is acts or process of bringing or contesting a legal action in courts. There are six stages in litigation process:

1. Commencement

When a person wants to sue another party for a perceived wrong, the plaintiff must engage lawyer and files complaint with the court and copy of summons is sent to the other party or defendant. Defendant need to respond to the complaint. There are certain types of legal proceedings which need to be issued within certain period from the incidents.

Since 1 January 2006, there are two types of originating process: A writ of summons and an origination summons.

2. Pleadings

It’s where plaintiff stated their claims which is called a “Statement of Claim”, and defendant present their defence. Normally lawyer will format, write and file a pleading at the court registry and copy served on the relevant parties to the action.

3. Discovery and Interrogatories

Is a formal process that is conducted by both parties to ensure all documents in the possession. In addition, in interrogatories one party may ask a question formally in written method and require an answer under oath.

4. Trial

Most courts call for parties to attend a pre-trial conference to determine if the case may be resolved prior to trial. If the parties unable to attain a agreement, then trial proceed.

5. Judgment

After completing the trial, the judge decides judgment orally for minor cases and written judgment in other cases. Written judgment explained legal base and interpreted decision by the judge. It may includes compensation to the winning party.

6. Enforcement

At this stage, the winning party will proceed to enforcement of the...