DAVID JOSEPH & CO.

LITIGATION

Essentially, Litigation is a law suit, either against a defendant or in relation to some other matter. Litigation can hover above all areas of the law (including Criminal law) like a threat to the parties to seek to deal properly and according to the law. Of course, in our jurisdiction, that is Common Law, it is often almost impossible to clearly apprehend what the Law actually is. This can only be answered by making learned submissions to a Court for determination upon an interpretation of the Law, upon Prercedent, and the Evidence. As such, Litigation is everpresent...

Because the Law itself is unclear, as is often the case, the parties find it necessary to seek the Court’s assistance. Litigation is the process involved where one party’s arguments are put against those of the other party before a Court. The process is often labyrinthine, paper-wasting and, most importantly, expensive both in time and money. Additionally, the unsuccessful party will generally have to pay the other party’s Costs. The need for Litigation would be drastically curtailed were the law to be clear. It is not.

Costs form a whole separate practice in the law. Whilst this firm has experience in Costs litigation, it is a specialist field and one that good advice would urge to keep well away from unless the stakes are particularly high. Costs cases, being an area of Litigation in itself, can be be just as expensive to conduct as the substantive matter about which the Costs relate.