Litigation is a common legal concept and many people are fairly accustomed to it. Litigation essentially means that law professionals are appointed to resolve disputes in court. Often, litigation is a procedure where two parties (or more) try to present their cases in front of a jury or judge. The end scope is obtaining financial compensation for damages.
Litigation is a fairly complex legal term and it can be subdivided into a lot of different types of procedures. There are two major types of litigation – civil litigation and commercial litigation. Even if you don’t necessarily go through any of these litigation procedures, it’s good to know at least the basic aspects behind them. Let’s take a closer look and see what they are all about:
The differences between civil and commercial litigation
Broadly speaking, civil and commercial litigation are very similar. At least in terms of legal procedure, there are few things that separate them. For instance, they both use a commercial solicitor who will lead the investigation, file the paperwork and pay attention to every legal detail and take the matter to court on your behalf. Other secondary procedures are also fairly similar.
However, there are several important differences between these two types of litigation. Let’s take a closer look:
Civil litigation occurs when there is a dispute between two people. On the other hand, when two businesses face a dispute, the correct term is commercial litigation. Both of these disputes are defined by the need to obtain financial reimbursement, which cannot be obtained without court intervention. Complex commercial litigation is an umbrella term and it can refer to any litigation that occurs between a company and its client or a company and other contractors or shareholders.
Civil litigation and commercial litigation are also different when it comes to complexity. Unlike commercial litigation, civil litigation cases are fairly simple and have simpler procedures. The time required to solve them is also different – complex commercial litigation may take years to solve, while civil litigation can reach a verdict in several weeks. This is one of the reasons why getting commercial litigation support is so important – the complexity of these cases can be very high, and the times required for a satisfactory result can extend to years. You will need all the help you can get in order to get a satisfactory result.
Civil litigation – an in-depth view
Civil litigation is the more “traditional” approach when it comes to litigation. It’s the most common type of litigation and virtually every person knows the basic concepts behind it. The procedure is fairly simple:
- you will need to contact and acquire the services of an attorney to represent you in court
- you will have to conduct your own investigation, together with your attorney and his or her team; this step is important as it will help you build your case
- you will have to research any possible questions to the law, together with your attorney;
- your lawyer will have to represent you in court
Civil cases are often built around one party the plaintiff, which is seeking some type of compensation, as damages, from a defendant. Keep in mind that civil cases are not considered criminal charges. This type of case occurs between two independent individuals. It’s a dispute between two separate parties, where one is seeking compensation from the other one. Criminal charges are usually not what the plaintiff is looking for, but they can occur if there are any crimes inv_olved. For instance, a dispute between a tenant and a landlord can be considered a civil case. In this case, the landlord may seek compensation from the tenant, if damages to the property occurred. The same goes for medical malpractice cases, where a patient may seek compensation from a doctor or medical establishment. Usually, civil litigations are settled by reaching an agreement. They rarely go to court. If the case does end up going to court, the case can extend for years and can cause more financial issues for the parties involved. The time required to reach a final verdict can vary a lot on the complexity of the case and the evidence provided.
Commercial litigation – an in-depth view
Commercial litigation, as described above, is fairly similar to civil litigation, but it occurs between companies or people working with companies. Complex commercial litigation cases are built around disputes among many different parties and multiple types of evidence. Commercial litigation is also affected by contracts – signed between companies, between companies and employees, between companies and suppliers or contractors. The contracts can be complex and the legal issues that occur may take years to reach a final conclusion and verdict. This is why commercial litigation support is critical in these cases. The cases can go for years, often with serious financial concerns and all parties will try to shorten this time period. Commercial litigation encompasses a lot of different laws, regulations, contracts and legal requirements, and it can be very complex. Efficient commercial litigation support is often required in order to get a satisfactory result in these cases.
Commercial litigation is very complex because the business environment is constantly evolving. New products, services, and rules are constantly launched on the market, and the legal implications of these are enormous. Manufacturers, suppliers, clients, investors, managers and other people are constantly interacting with each other in this environment. For instance, commercial litigation involves cybersecurity and data privacy, which are completely new areas of expertise for many attorneys. The market is constantly evolving and commercial litigation experts need to adapt to these trends in order to be successful. Businesses with internet presence have to adapt their rules and their organization in order to meet these standards. Failing to meet these new standards may result in a class-action lawsuit or other serious legal matters, often with dire financial consequences. It’s important to always know where you stand and what you should do in order to avoid commercial litigation.