Civil litigation

The operation of a business, and more broadly, everyday interactions, can expose you to liability claims. When damage occurs for which you are implicated, it is essential to identify the potential risks of being held liable, which could give rise to a claim for compensation. This initial risk assessment enables you to prepare for any potential litigation. The law distinguishes between two main types of civil liability: contractual civil liability on the one hand, and tortious civil liability on the other.

You may be held liable under contract where damage results from a breach of contract. In such cases, the injured party may seek compensation for the damage suffered.

Tortious liability, on the other hand, applies when damage is caused outside of any contractual relationship, or as a result of a breach of contract when it is invoked by a third party to the contract on tortious grounds.

We assist clients in identifying the applicable legal foundation for their dispute and in defending their interests.

The validity and enforceability of a contract depend on its compliance with formal and/or substantive requirements. Failure to meet the conditions for the formation of a contract allows the parties to challenge its enforceability.

An application for a contract to be voided is a means of withdrawing from a signed agreement and returning the parties to the position they were in prior to signing the contract. It must therefore be considered and brought in a timely manner.

We assist clients in analysing the validity of their commitments and in defending their interests in any proceedings brought or to be brought seeking annulment.

A claim may be contested, or the debtor may resist payment. A debtor who refuses to pay a debt must be able to justify his refusal, or risk being ordered to pay interest on arrears in addition to the principal debt. Where a debtor fails to settle a debt despite informal demands, the creditor may initiate legal proceedings to obtain payment of the sums due.

A summons to pay an outstanding debt may encourage the debtor to settle the debt; if they fail to do so, a court order can be used to compel them to pay.

The summons for debt recovery must be served in good time, otherwise there is a risk that your debtor may become insolvent or that your claim may become time-barred.

We assist you at every stage of a debt recovery procedure, whether you are the claimant or the defendant.

Security interests designed to ensure the proper performance of contractual obligations are essential mechanisms for guaranteeing the payment of debts. However, their enforcement may give rise to disputes, particularly where the validity of the obligation, the scope of the guarantee, or the terms of the guarantee agreement are disputed.

We represent creditors and debtors in disputes relating to the enforcement of guarantees and other forms of security.