Litigation
Our Litigation Department deals with the traditional resolution of disputes by means of a judicial process before the Courts of Justice.
Our philosophy as a firm and our way of understanding the law leads us to try to exhaust all options for resolving a conflict before going to court. Unfortunately, not everyone has this vision and, today, a significant number of conflicts are still resolved by the courts of justice.
Our Procedural Law Department is made up of professionals who will analyse your case and draw up a report on the potential for success of your claims and a procedural strategy aligned with your general interests, bearing in mind that the process is just another instrument and must fit in with your business or personal objectives.
The judicial procedure as a method of conflict resolution is imperfect; it is evidently inefficient in certain areas and cannot guarantee a successful solution. However, it also offers a number of benefits that need to be considered.
STATE PROTECTION
As judicial procedures are State-dependent, they have more guarantees, such as the possibility of establishing precautionary or preliminary measures or the obligation of witnesses to attend the summons, which would be impossible in the private sphere.
ENFORCEABILITY
Rulings handed down by the courts are acknowledged and can be enforced in Spain and all other EU member states; there are also mechanisms to ensure compliance, such as seizures, auctions and coercive compliance.
LITIGATION COSTS
The cost of the legal proceedings will depend on the economic value of the dispute and the actions taken; however, if the court upholds all your claims, the procedural costs will be awarded to the other party up to certain limits.
It usually costs less to avoid getting into trouble than it does to pay to get out of it.
Louis M. Brown
Preventive Law 3 (1950)
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Our different areas of expertise are interrelated so that we can provide our clients with a full advisory service and also help them with specific matters.
