Generally, in litigation, one party will on the receiving end of litigious proceedings (defendant) from the initiating party (plaintiff). A defendant has the option of filing a counterclaim against the plaintiff where appropriate. Whether you are a plaintiff or defendant, you should consider obtaining legal advice as soon as possible so that your litigation lawyer can formulate a strategy that minimises your risk and increases your chances of success. The process of litigation can, in its most basic form, be explained as follows:
- Claim - the plaintiff will generally file a statement of claim setting out their claim against the defendant. This is typically done after an initial letter of demand has been sent.
- Defence - the defendant will file their defence to the statement of claim. At this point the defendant may consider filing a counterclaim or joining a third party into the claim (for example if there should be joint liability).
- Discovery - both sides are obligated to discover to the other side relevant evidence and documents to the dispute.
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