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.

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