Litigation and Dispute Resolution
Hicks Oakley Chessell Williams has a wealth of experience in all areas of litigation and dispute resolution, including:
- Commercial litigation and debt recovery
- Intellectual property disputes
- Probate disputes (testators family maintenance)
Our clients include businesses of all sizes, as well as individuals. All our clients expect attention to detail as well as a solid background and knowledge of all the relevant rules and practices associated with litigation in all jurisdictions. Matthew Hicks heads the litigation division. He brings 16 years general litigation experience. Under his leadership the litigation division is equally competent in handling all disputes.
This is what Hicks Oakley Chessell Williams offers.
Mediation:
All courts now regard mediation as a compulsory procedure before a case is able to proceed to trial. Hicks Oakley Chessell Williams has the necessary experience to conduct mediations of all types of disputes with the best result for the client. We also make recommendations as to an appropriate choice of mediator depending on the type of dispute.
Costs:
One of the major concerns with the prospect of litigation is the likely costs that will be incurred. Hicks Oakley Chessell Williams always keeps our clients informed with estimates of the likely costs to be incurred in the various stages of litigation. Of course the amount of costs is dependent to a large extent on the conduct of the other party involved. To some extent we are able to estimate these costs because we are aware of the likely steps which may be taken.
We take the view that the strategy to be employed depends largely on the type of dispute and all the background. Each litigious case is different. We make a practice to assess the best strategy to be followed, at an early stage of the litigation.
Counsel:
We do not automatically brief counsel for all stages of litigation. Our practice is to use counsel only where to do so is thought necessary to achieve the best result. This is usually confined to appearances at contested court hearings and complex mediations. Occasionally it is decided to brief counsel to settle pleadings, particularly in more complex disputes. In those cases there is a clear benefit in having a second opinion. But our preference is to prepare court documents ourselves. In this way we are able to retain more control over the costs associated with the litigation.
Enforcement:
Another contentious area which arises in litigation is the enforcement of court judgments and orders. It is often the case that a party obtains a judgment but has difficulty in enforcing it. We have the necessary experience to take the appropriate action to enforce judgments, whether this requires garnishee orders, oral examination, bankruptcy or liquidation.
Where we can recover costs we will do so vigorously so as to protect the client’s position in the litigation. In our experience, obtaining costs orders during the litigation can often assist our clients to obtain a good result in settlement discussions.
Communication:
Most of all, our invariable practice is to keep our clients informed of all significant developments and anything which is likely to make a significant difference to the costs to be incurred. We believe that our clients must take an active role in the litigation and make choices as to the strategy to be followed. We believe in including our clients in that process.
If you have any enquires regarding litigation or disputes generally, please contact Matthew Hicks on 96297411.
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