In brief - It is best to take a practical approach to disputes
to avoid lengthy and costly litigation
By conducting investigations quickly, making early settlement
offers and being flexible in your proposed settlement terms, you
have the best chance of resolving disputes early.
- Conduct investigations as quickly as
possible
If the matter is not litigated, investigations can take
significant time. Freedom of Information (FOI) requests can take
months and information will not be readily available. Often the
best experts will also not be available at the drop of a hat and
enquiries should be made well in advance.
If the matter is litigated, it assists to request copies of key
documents with the initial request for particulars. Making calls to
potential subpoenaed parties prior to issuing subpoenas may also
assist to ensure that you are not sent on a wild goose chase or
left waiting for information that will not be produced.
