The legal system is a costly and uncertain process !

Due process and defined protocols should also be carefully considered when emabarking on litigation. A claimant’s case is shaped to fit the legal criteria and not the other way round. This is a subtle yet very important aspect of litigation which can have far reaching consequences.

For parties to engage in litigation, both claimant and defendant will have very strong beliefs in their respective positions. A claimant however will need to express these beliefs as a set of Pleadings recognised in Law. This is an important point to understand, ensuring that a Claimants Pleadings do in fact reflect, that which the claimant believes to be their case. 

By way of example, consider the legal differences between deception and fraud or breach of contract and bad faith.

Where legal differences exist, then so can the tests and thresholds of lawfulness. In short, the legal process can subtlety distort a claim (or counterclaim), meaning the decisive factors can become very different from those that the parties believe.

Another example is securing evidence through discovery. One party’s search for the truth can be another’s unreasonable fishing exercise.

The courts will always look at reasonableness, proportionately and relevance, and when viewed through the lens of the law, these tests can become subjective and therefore a matter of judgment,  with often serious and unexpected consequences.

The same is true when defending a claim and ensuring that the defendants’ beliefs are founded on good legal principles and not just a sense of unfairness or matters of principle.

Justice, as a matter of law, is derived from an intellectual exercise that does not necessarily reflect the facts on the ground.