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.
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:
1. Sue a party that does have assets or will suffer commercial consequences
2. Monitor and preserve the status of the counterparts and its assets
3. Pre-plan the mandatory mediation hearing; the witness testimonies – written and oral; and the evidence submissions
4. Anticipate and be pro-active in relation to the opposing parties and its counsel’s strategy
5. Fight strong points hard, deliver weaker points with caution or not at all
6. 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.
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 on the legal execution procedures against the relevant party or parties’ assets.
Hughes Krupica has a demonstrable track record of strong litigation representation for its clients.
If the gloves are off, Hughes Krupica’s litigation team will box smartly with practical objectives in mind.
Hughes Krupica will answer your key questions: How much will it cost? How long will it take? What are the chances of settlement? What is the best strategy in the circumstances?
on the potential use of the court system and associated costs and expenses – we bill fairly and transparently
covering potential leverage for settlement and grounds/causes for action
Our litigators work in a cohesive team and provide comprehensible reports on the status of your case. Thai lawyers do the advocacy; strict legal analysis; foreign consultants assist with case management; reporting and strategy
We listen to your views on the dispute and ensure that we agree within the parameters of the dispute a clear objective based strategy.
Mr. Nicholas Ho,
Bangkok Property Investor
“The best result in the circumstances”
“I had experienced what I understand is quite a typical scenario in property investment in Thailand – a breach of a sale and purchase agreement by a condominium developer. With these types of issues, it is always difficult to fight for your rights cost effectively and in a smart but persistent manner. Hughes Krupica delivered strong and well managed litigation systems and obtained an enforceable settlement with acceptable payment terms.”
Mr. Ozkan Sarikaya,
MD, Atiker Autogas Systems & LPG Tanks
“We trust Hughes Krupica”
“Inevitably business will involve other parties dishonouring their contracts which may relate to premises, delivery of goods or non-payment for goods. The choices in Bangkok for litigators is quite wide, but we need more than simple debt collectors for our business whilst managing our yearly legal fees budget effectively, trust our attorneys to get on with the job in hand. That is what Hughes Krupica have delivered to us”
Mr. Harold Loebenstein,
African Pride Wines
“Persistent with the right balance between consultation and getting on with it”
“When you deliver products and a party fails to pay without cause and will not settle or communicate there is nowhere else to go but the courtroom. When that decision is made then trust of the lawyers to ensure the costs don’t spiral out of control is essential. We also need to focus on other aspects of our managing our business and not to be distracted by cases which can go on for some time. Hughes Krupica delivered the result we wanted in a year and continued with enforcement proceedings”
Mr. Amir Benjaro,
CEO, English Adventure Ltd
“Well thought our case from commencement to enforcement”
“Unfortunately there are some bad people and bad companies out there. When we experienced a case of cheating/fraud, we simply had to take action. Fortunately, we made the right choice and Hughes Krupica delivered. We also shared in the success of the case through a part success-fee and we felt confident that Hughes Krupica’s objectives were aligned with ours”
Mr. James Saunders,
Director, CB Richard Ellis (Thailand) Co. Ltd
“Solid, strong, smart and practical litigation services”
“We cannot accept spurious claims or the possibility of a bad precedent against our company. We have dozens of projects which we manage in Phuket Province and hundreds nationally in Thailand. Hughes Krupica defended our position in conjunction with a spurious claim and achieved a settlement with no admissions and no payments due from us – being the absolute and correct result”
QUICK PRICE RANGE CHECK
Our Partners and Attorneys have prepared some helpful guides on the litigation process in Thailand which will assist you with some distinct topics you wish to learn more about, without paying for the privilege and without navigating information and misinformation on the internet. For further information and for actual advice we remain available to be engaged.