A civil litigation attorney is a lawyer who represents either defendants or plaintiffs who are involved in civil disputes. Civil litigations in Thailand involve cases in which one party sues another for the enforcement or protection of a right or for the prevention or remedy of a wrong.
The process of civil litigation involves no criminal charges, it is rather a legal dispute where plaintiffs seek compensation or other damages from defendants, presenting their cases at trial. The various types of civil litigation can range from business disputes to property disputes, personal domestic controversies, intellectual property disputes, divorces or other civil wrongs where the rights of one party are breached.
What Juslaws & Consult Does
Lawyers at Juslaws & Consult are notable for having a strong dispute resolution practice. We prosecute civil claims on behalf of clients and also defend clients in claims brought against them. We represent our clients both in trials at the court of the first instance and appellate courts. We work closely with our clients, designing specific strategies to meet their goals and settle legal disputes.
As the costs of civil litigation can be high, we seek resolution through the various forms of alternative dispute resolution (ADR) whenever possible. The most common types of civil actions include, among others:
The legal process involved during the case of a breach of contract comes as a result of when a party to an agreement fails to perform any term of a written or oral contract without a legitimate legal reason. This could involve not completing a job, not paying on time or in full, failing to deliver all required goods, substituting inferior or substantially different goods, or any other act demonstrating that the party will not perform as specified. One of the most common types of civil lawsuits in Thailand is for court-order specific performance and/or damages.
The Thai government allows for a civil and/or criminal case can be brought against a party for defamation. According to Thai Law as defined in Section 423 of the Thai Civil and Commercial Code, civil defamation involves a statement made that is contrary to the truth, and which is asserted or circulated as being factual, resulting in injury to the reputation, credit, earnings or prosperity of the individual who is the subject of the statement. A civil lawsuit of this kind is marked by an engagement between two or more parties, as with other types of civil litigation practice.
Thai law provides the grounds for an employee's dismissal or termination and the provision of severance compensation. Any violation of the law is a cause for an employee to file a labor case against the employer. A civil litigator, in this case, would commonly deal with illegal dismissal or unlawful termination. The employee must first take the complaint to the Labor Relations Committee to see if a compromise can be reached between the employer and employee. If this is impossible and the committee finds probable cause against the employer, it will recommend that a labor lawsuit be filed, this is where legal advisors and legal professionals come to the fore as experts on such civil matters.
In Thailand, civil cases also involve personal injury cases. According to Thai law, when a person negligently or willfully causes injury to another person's body, life, liberty, property, or right beyond a reasonable doubt, the person causing the injury is legally liable to compensate the injured person for the damage caused. If the wrongful act was committed by or against a foreigner who is under Thai jurisdiction, then abroad range of factors must be considered, a foreign element is then involved in the case and the Conflict of Laws Act comes into play, potentially cross border disputes as well.
Real Estate Disputes
These are quite common particularly when foreigners buy property in Thailand. In this case, dispute resolution is a result of disputes that arise from language barriers, unlawful purchasing procedures or the dishonesty of sellers, for example. According to the Thai government, the Consumer Protection Board reports that complaints about real estate development companies are on the rise. The legal disputes in a civil case between two or more parties of this kind involve misleading advertising, low-quality workmanship and material, and delays in construction.
As a professional law firm, Juslaws & Consult covers a broad range of civil litigation cases. Whether labor disputes, administrative cases, intellectual property disputes or family law, our litigators offer urgent assistance regarding a range of disputes. Our civil litigation lawyers will represent you at every step in the entire process of a civil action case. This includes the proper designation of the case, the jurisdiction of the court proceedings, the determination of the proper parties and many others which will make the assistance of a court lawyer indispensable. Our international lawyers work hand in hand with their Thai counterparts to deliver the optimal civil litigation service for you and the most efficient results for your civil action case.
Please consult our lawyers and contact Juslaws & Consult for further information and assistance.