Litigation involves an action being raised in Court. There are formal procedures and timescales set by the Court and rules that govern how cases are to be conducted. The Court has power to order parties to do particular things (like transfer property to another person) or to make orders that provide that individuals must not act in a certain way (for example that they must not dispose of property). The Court can make awards of expenses. A court action allows a party to request that the court make orders in their favour. The parties need to back up their request with relevant information. Each party can challenge the other person’s requests. The Court will make a decision on the basis of the applicable law with reference to the information presented to it whether written documents or evidence from witnesses.

Pros and Cons:

Litigation is often the only way of achieving resolution if there is unwillingness on the part of the other person to engage in negotiation, or if there is a power imbalance, violence or dishonesty. There are powerful remedies available in the court process if a party is uncooperative or refusing to provide a complete disclosure. A decision will be made and a solution imposed upon parties even if one party has refused to engage in negotiations.
But
The process can be lengthy and expensive. It is based on an adversarial system which highlights differences between parties and usually polarises parties’ positions. The range of remedies available to the court is limited and do not generally include remedies that result in flexible or innovative outcomes.

Edinburgh Office

45 Queen Charlotte Street
Leith
Edinburgh
EH6 7HT

Legal Post: LP-1, Leith
DX 550856, Leith

Tel: +44 (0) 131 555 0616
Fax: +44 (0) 131 553 1523
Email: edinburgh@mhdlaw.co.uk

Glasgow Office

63 Carlton Place
Glasgow
G5 9TW

Legal Post: LP-19, Glasgow 2

Tel: +44 (0) 141 420 2430
Fax: +44 (0) 141 420 2431
Email: glasgow@mhdlaw.co.uk