Civil Litigation & Disputes Practice Area

The Civil Litigation & Disputes practice area focuses on resolving disagreements between individuals or organisations in New Zealand. This can involve a wide range of issues, from personal disputes to business conflicts. The goal is to find a fair solution, often through the court system.

What is Civil Litigation?

Civil litigation is the process of taking legal action to settle disputes. Unlike criminal cases, which involve the state prosecuting someone for a crime, civil cases are about resolving issues between private parties. For example, if someone believes they have been wronged in a contract, they may take the other party to court to seek compensation.

Common Examples of Civil Disputes

• Contract Disputes: If two businesses enter into an agreement and one party fails to meet their obligations, the other party may seek legal help to enforce the contract.
• Property Disputes: Neighbours may have disagreements over property boundaries or issues related to land use. Legal action can help clarify rights and responsibilities.
• Personal Injury Claims: If someone is injured due to another person's negligence, they may file a claim to receive compensation for their injuries and losses.
• Employment Disputes: Employees may face issues with their employers, such as unfair dismissal or discrimination, and may seek legal advice to resolve these matters.

The Legal Process

The civil litigation process typically involves several steps:

1. Filing a Claim: The person who believes they have been wronged (the claimant) files a claim in court.
2. Response: The other party (the defendant) responds to the claim, either agreeing or disputing it.
3. Mediation: Before going to trial, parties may try mediation, where a neutral third party helps them reach an agreement.
4. Trial: If mediation fails, the case goes to trial, where both sides present their arguments and evidence to a judge.
5. Judgment: The judge makes a decision, which can include ordering one party to pay damages to the other.

Why Seek Legal Help?

Understanding the legal system can be complex, and having a lawyer who specialises in civil litigation can make a significant difference. They can guide you through the process, help you understand your rights, and represent you in court if necessary.

In New Zealand, the legal system aims to provide fair and just outcomes for all parties involved in a dispute. Whether you are facing a personal issue or a business conflict, the Civil Litigation & Disputes practice area is here to help you navigate your legal challenges.