A dispute with a counterparty, partner or another business does not always have to end in court. Sometimes well-conducted negotiations make it possible to find a solution faster without involving the company in proceedings that last many months. There are, however, situations in which court proceedings become necessary to effectively enforce your rights or defend against the other party’s claims.

Our firm represents entrepreneurs in litigation and commercial disputes, both as claimant and as defendant. We help from the first analysis of the case and negotiations, through preparing the statement of claim or the defence, to the court proceedings, appeal proceedings and – if necessary – enforcement of the award.

What cases do we handle?

We handle, among others, cases concerning:

• non-performance or improper performance of contracts,
• recovering receivables from counterparties,
• payment for services, supplies or works performed,
• contractual penalties and damages,
• liability for non-performance of obligations,
• withdrawal from and termination of contracts,
• disputes concerning the quality of services or works performed,
• disputes between businesses,
• disputes between shareholders,
• liability of members of company bodies,
• disputes arising from the sale of shares or a business,
• claims related to commercial contracts,
• disputes with insurers,
• securing and enforcing receivables.

Every case requires a different approach. That is why, before starting proceedings, we analyse not only the law but also the documents, the available evidence and the business significance of the dispute for the client.

Analysing the case before taking it to court

Filing a lawsuit is not always the first or the best step.

Before starting proceedings, we establish above all what claims the client is actually entitled to, how they can be proven and what risks are involved in pursuing the case.

We analyse, among other things:

• contracts and annexes,
• correspondence between the parties,
• invoices and accounting documents,
• acceptance reports,
• demands for payment,
• documentation on the performance of the contract,
• opinions and expert reports,
• possible witnesses,
• the parties’ previous arrangements and negotiations.

On this basis, it can be assessed whether it is worth taking the case to court or whether attempting to reach an agreement would be a better solution.

Negotiations and amicable resolution of the dispute

Not every dispute should immediately lead to a lawsuit.

In many cases, well-conducted negotiations make it possible to avoid the cost and time of court proceedings while maintaining the business relationship between the parties.

We help conduct negotiations, prepare settlement proposals and assess the terms presented by the other party.

When assessing a settlement, we take into account not only the amount offered, but also the time, cost and risk of continuing the dispute.

If an agreement is not possible, we prepare the case for court proceedings.

Commercial disputes between businesses

Commercial disputes often concern situations that arise in the normal course of business – an unpaid invoice, a delay in performing a contract, a defectively performed service or a different interpretation of contract provisions.

In such cases, the documentation created during the cooperation is very important.

That is why we analyse not only the contract itself, but also how it was performed, the parties’ correspondence, acceptances, objections raised and other documents that make it possible to reconstruct the actual course of the cooperation.

We represent entrepreneurs both in pursuing claimsand in defending against demands made by counterparties.

Debt recovery

Non-payment for a service performed or goods delivered can directly affect a company’s financial liquidity.

We help recover receivables from counterparties, starting with an assessment of the documentation and the possibility of obtaining payment voluntarily.

If a demand for payment or negotiations do not bring results, we prepare a lawsuit and represent the client in court.

Depending on the situation, we also analyse the possibility of securing the claim, if there is a risk that later enforcement may prove difficult.

After obtaining a final judgment, we can also support the client at the enforcement stage.

Contract disputes

A contract may describe the rules of cooperation in detail, but it cannot foresee every situation.

In practice, disputes often concern whether an obligation was properly performed, which party is responsible for a delay, whether there were grounds to withdraw from the contract or whether the contractual penalties charged are justified.

We handle cases related to, among other things:

• performance and termination of contracts,
• withdrawal from a contract,
• contractual penalties,
• damages for non-performance or improper performance of an obligation,
• settling accounts between the parties after the end of cooperation,
• defects in services, supplies or works performed,
• interpretation of disputed contract provisions.

First, we establish the significance of the contract wording and how the parties performed it in practice.

Contractual penalties and damages

Contractual penalties are often used in commercial contracts to secure the proper performance of certain obligations.

In practice, however, they may become the subject of a dispute – both as to the basis for charging them and their amount.

We help entrepreneurs claim contractual penalties due, but also defend against claims that are not properly justified by the contract or the circumstances of the case.

We also handle cases concerning damages for loss arising from non-performance or improper performance of a contract.

Defence against claims

Handling litigation is not only about recovering receivables.

We also represent entrepreneurs against whom a lawsuit or other claim has been brought.

After receiving the documents, we analyse the basis of the claim, the material gathered and possible defences. We then prepare the defence and the strategy for conducting the case.

In proceedings of this kind, a quick response can be particularly important, because court letters often require certain steps to be taken within a set deadline.

Disputes between shareholders

A conflict between shareholders can affect not only their mutual relations but also the further functioning of the whole company.

Disputes may concern, among other things, the way the business is managed, the distribution of profits, access to information, the sale of shares, the exercise of shareholder rights or decisions made by company bodies.

In such cases we analyse the articles of association, resolutions, corporate documentation and the course of cooperation to date.

First, we look for a solution that will end the conflict without the need for lengthy proceedings. If this is not possible, we also represent the client in court disputes concerning the company or shareholder rights.

Preparing the litigation strategy

A well-run case requires more than a correctly drafted statement of claim.

At the very beginning of the case, it is worth establishing what circumstances must be proven, what evidence will be needed and what steps the other party may take.

That is why for every case we prepare an approach that takes into account both the legal position and the available evidence.

During the proceedings, we also continuously assess the possibility of a settlement if terms favourable to the client arise.

Representation in court

Our firm handles the case at successive stages of the proceedings.

Depending on its nature, we prepare, among other things:

• statements of claim and defences,
• further pleadings,
• motions for evidence,
• positions on expert opinions,
• legal remedies,
• appeals and responses to appeals.

We represent the client at hearings and court sessions, witness examinations and other procedural steps.

The client is kept informed of the progress of the case and of decisions that may affect how it is conducted.

Securing claims

In some cases, obtaining a favourable judgment alone may not be enough if the debtor’s financial situation deteriorates significantly during the proceedings.

That is why, even before proceedings begin, we analyse whether there are grounds for filing an application to secure the claim.

Security can be particularly important for larger receivables or where the other party’s actions indicate a risk of frustrating future enforcement.

Arbitration

Some contracts provide that disputes between the parties will be resolved not by a common court but by an arbitration court.

We also represent clients in arbitration proceedings, and before a contract is signed we help assess the significance and consequences of the arbitration clause it contains.

The choice of dispute resolution method is worth analysing before the contract is signed, especially for larger or long-term projects.

Enforcement proceedings

A final judgment ends the court proceedings, but it does not always mean that the other party will voluntarily pay the amount awarded.

If the debtor does not comply with the judgment, it may be necessary to refer the case for enforcement.

We help prepare the documentation needed to initiate enforcement proceedings and support the client in the steps taken against the debtor.

As a result, our handling of a dispute can cover the entire process – from the first demand for payment to the actual recovery of the debt.

Litigation – legal assistance for entrepreneurs

A lawsuit should be a tool for achieving a specific business goal, not an end in itself.

That is why, before starting a case, we try to answer the basic questions: what the client wants to achieve, what evidence they have, how long the proceedings may take and what risks are involved.

If the case can reasonably be resolved through negotiation, we help reach an agreement. If it is necessary to go to court, we prepare the case and represent the client at successive stages of the proceedings.

Our aim is to conduct the dispute in a way that takes into account both the client’s legal interest and the real needs of their business.