03 9397 0133

Law Business Articles

Business Commercial disputes – settlement pressures

In complex cases (many examples such as cases against directors or Banks) the Statements of Claim and the Affidavits that are supposed to “tell the story” prove to be quite irrelevant and inadequate, often requiring amendment or re-statement close to Hearing when new claims are also often introduced (much to the annoyance of Courts) often leading to adjournments and delays, and Judges are not uncommonly disposed to dismiss claims (or parts) and defences and requires the parties to go away to discuss settlement.

The great majority of cases are settled. Mounting costs become a huge issue; it is basically a question of timing. The question is – how soon can the commercial pressure on the other side be felt sufficiently to force them to listen to advice that settlement is necessary. A skilled experienced lawyer plays a major part here.

Tags: ,