Commercial Litigation

Commercial Litigation

At FSB Law Consult, we welcome clients in all categories of business. We represent small and medium enterprises in all their business dealings. We have also built a reputation as the law firm of choice for big businesses as well. We work with our clients with the main aim of achieving their business goals. Being a firm that has been in existence for several years, we deeply understand and appreciate that clients are always seeking cost-effective legal services and most importantly, early resolution of case. As a result, we always consider all means available to resolve our clients’ cases so as to minimize costs and at the same time, achieve speedy results without compromising on the quality of our work. We explore and utilize opportunities to settle cases out of court. But in instances where litigation remains the only available option in the end, we pursue it with the best interest of our client in mind.

At our firm, we are very much aware that clients always want lawyers who understand their business and its operations. They also want lawyers who understand the impact that litigation will have on their business and their relationships with their business partners, employees, etc. These considerations are at the forefront of each client’s mind regardless of the nature and dimension of the matter in dispute. Being very much aware of the impact litigation has on the budget and time of businesses and enterprises, we explore all types of alternative dispute resolution including negotiation, mediation and arbitration. In recent times, this has been even more so with the introduction of alternative dispute resolution into the rules of court in Ghana.

We are reputed as a commercial litigation law firm because of our ability to take cases to trial when all other means of dispute resolution fails. We always endeavor to make ourselves relevant to our clients, giving them every reason to always choose us. We are known for our exceptional advocacy skills, top-notch advisory service and unforgettable client experience.

Under our commercial litigation practice, we handle disputes and cases on debt recovery, breach of contract, sale of goods, product liability, medical negligence, insurance claims, wrongful dismissal/unfair termination of employment, medical negligence, breach of privacy

FAQ

1.    What is “Commercial Litigation”?

When business disputes extend beyond negotiations, it falls to the commercial litigation lawyers to settle the issue. The broad area of Court proceedings which is generally referred to as Commercial Litigation embraces a wide variety of disputes.

 

2.    How can I resolve a dispute?

By using a lawyer, it is often the case that a dispute can be resolved quickly and efficiently without significant costs being incurred. In the event that the dispute cannot be resolved, your lawyer can commence Court proceedings to have the dispute determined by the Court.

 

3.    What constitutes a breach of contract?

One party’s failure to fulfil any of its contractual obligations is known as a breach of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all.

 

4.    What should I do if am being sued?

The first thing you need to do when you find out you are being sued, usually when you are served with a complaint, is to immediately seek legal advice. Make a note of the time and date of service, as you normally only have a specified number of days to enter appearance and file your processes. If you fail to respond, a default judgment for the amount of money named in a complaint may be entered. Once such a judgment is entered, it is very difficult to get it modified or reversed. This may put you in a disadvantaged position.

 

5.    Why is it important to hire a lawyer for business litigation?

Commercial litigation lawyers are focused on protecting business interests. No matter what issue a commercial litigation lawyer is asked to provide counsel on, you will have someone who is devoted to providing timely legal counsel and protecting the interests of the business.

 

6.    Are there alternatives to litigation?

There are a number of legal methods and procedures available. These alternatives generally expedite the resolution of disputes without the need for initiating or continuing the formal process of litigation. These alternatives are broadly referred to as alternative dispute resolution (“ADR”), which avoids the expense and delay of full litigation process.

 

7.    Can I represent myself in a law suit?

No. You need a lawyer to assist with the suit.

 

8.    Can I sue someone for publishing or saying wrong things about me?

Yes you can. You can sue for Defamation.

 

9.    Can I ignore a Writ served on me?

No. You cannot. Failure to enter appearance and file your Defence within the Court stipulated timelines will cause the other party to take judgment against you.

 

10. What is the difference between mediation and arbitration?

Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation. Both arbitration and mediation employ a neutral third party to oversee the process, and they both can be binding. However, it is common to employ mediation as a non-binding process and arbitration as a binding process. In simpler terms, binding arbitration replaces the trial process with the arbitration process.

 

Arbitrators take on a role like that of a judge, make decisions about evidence and give written opinions (which can be binding or non-binding).