Hughes Krupica operates an experienced team capable of handling small to mid-sized disputes typically ranging from 20,000 USD (650,000 THB) to 50m USD (1,550,000,000 THB).
LITIGATION IN THAILAND
We have assisted asset owners, joint venture investment partners, estates subject to fraudulent acts and as it unfortunately the case in the Thai jurisdiction, also had to handle spurious criminal proceedings designed to manipulate the law to exert pressure on counterparties.
Pre-Litigation Strategy is as important as ongoing litigation management. Before an issue escalates to the Courts, we assist in analysing the pros and cons of settlement versus escalation and provide properly structured legal notices designed to ensure the other parties know that you are being advised correctly on your rights.
Fee Predictors and Fee Management
Tech tools can be useful but must be used with caution and be tailored to the environment in which they will be used. We have developed a simple and effective litigation fee predictor tool which sets out every process of litigation, in Thailand, and allocates time to those tasks as an optimum efficient time. Using sliding scales and elimination of items which are not affected by complexity, it is possible to estimate based on the subject matter of a case and its complexity, what the legal costs should be if matters proceed without any extraordinary intervening events. We work with our clients closely in relation to fees, and see part of a successful litigation strategy in providing stability and control to our clients over their legal expenditure through regular time and task reviews.
If the issues you or your business face have escalated to the point where dispute resolution techniques have failed, or the other party is dishonourable and action is necessary, then how you proceed and the ultimate aims of your litigation must be discussed and planned with enforcement procedures as the long-stop objectives if settlement does not occur beforehand
We ensure that you avoid the common mistakes of inexperienced or short-sighted litigation strategists:
- Sue a party that does have assets or will suffer commercial consequences
- Monitor and preserve the status of the counterparts and its assets
- Pre-plan the mandatory mediation hearing; the witness testimonies – written and oral; and the evidence submissions
- Anticipate and be pro-active in relation to the opposing parties and its counsel’s strategy
- Fight strong points hard, deliver weaker points with caution or not at all
- Egotistical points do not convert into monetary or other forms of compensation
Many of our clients are overseas, and therefore case management includes delivering short; succinct but sufficiently detailed reports of hearings and any other legal procedural activities, approaches by parties to settle, combined with an assessment and opinion within each report. We assist in ensuring you feel connected to proceedings, even if you are not part of them.
Appeal and Enforcement
It is a well known fact that litigation is a timely process in Thailand. Counter-parties can attempt to manipulate the system to increase delays and costs. Further, the right of appeal and further appeal can also be used by a party even in the knowledge that such appeals are very likely dismissed. During this process, we deliver careful advice as to how to preserve your position, how to take enforcement action in advance of appeals, during appeals, and how to counter appeals. Ultimately, if you receive a judgment partially or wholly in your favour, we will also work smartly on the legal execution procedures against the relevant party or parties’ assets.
Why Hughes Krupica?
Hughes Krupica’s team is a combination of well-trained Thai licensed attorneys-at-law, barristers qualified to represent clients in court, and internationally minded Thai and foreign lawyers working in teams to produce optimum strategies, cost-benefit analysis and negotiations.
FEE PREDICTOR TOOL
Hughes Krupica has a fee app predictor tool which clients can also use to see in detail the processes and activities relating to a particular dispute, which can be adjusted in relation to complexity and size of the claim.
WHO WE WORK WITH
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