Litigation: a marathon or a sprint?
By Kath Livingston
A quick sprint to the line may be possible, if the circumstances are right. If the case is strong — either the claimant has no real prospect of succeeding or the defendant has no real prospect of defending, summary judgment may be an option.
A speedy application for an interim injunction can position you for a swift settlement. Short of that, an aggressive, early strategy may pressurise an opponent into settling. And where both parties are committed to seeking a swift resolution, agreement can be reached to commit to alternative dispute resolution (ADR), which can circumvent the need for protracted proceedings — mediation or expert determination can lead to a speedy resolution enabling businesses to get back to the day job.
But where parties are entrenched, litigation mirrors a marathon — a gruelling 26.2-mile race with the finish line some considerable distance away. And you need the legs for it — the case and the evidence to prove it…
Click on the link below to read the rest of the Shoosmiths briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The SRA’s new training regime for all aspirant and qualified solicitors is expected to come into force from November 2016.
On 26 January 2015, two individuals entered pleas of not guilty to criminal cartel charges brought under the Enterprise Act 2002.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…