LITIGATION

Representation and defence

  • Any dispute can lead to far-reaching problems, costing not only money, but also time and attention.

  • If your company is involved in a dispute, which could lead to litigation, it is essential to seek the services of a qualified attorney.

  • For more than two decades, a large number of Slovenian companies have relied on THORN law firm.

  • Regardless of whether we are fighting or pursuing a claim, we fully analyze the facts and applicable law to determine the best possible course of action for our client.

We represent clients in proceedings before all German civil courts in all areas of German commercial law, in particular

Experience

Our law firm has gained significant Litigation experience in representing Slovenian companies for over two decades in virtually every case that can arise in their business context in Germany.

Whatever the case involves, the clients can rely on our firm to find sensible solutions that meet their legal and economic objectives.

 

THORN Law firm represents both, plaintiffs and defendants, in the full range of disputes.

Pre-Trial Settlement

Litigation is by nature uncertain.

Even if you prepare the strongest case, there is no way to predict in advance with certainty how the court will decide the case.

It is often better to settle disputes through settlement negotiations, arbitration or mediation rather than starting a lawsuit in court.

If alternatives to litigation are likely to produce favorable results, we will give you an experience-based recommendation on how to pursue them.

Strong representation in court

There are cases which can only be resolved by means of a legal dispute.

In this situation, THORN represents the interests of its clients with more than two decades of experience.

We act effectively, consistently and on the basis of our experience and seniority with the necessary toughness in court.

 

Letter of demand

Before filing a law suit a letter of demand as a formal request addressed to the opponent is the right instrument to try an out-of-court solution.

Usually, any judicial proceeding begins with this extrajudicial request for different reasons:

  • Main reason: To try an out-of-court settlement before the matter goes to court.

  • Procedural reason: To avoid cost disadvantages: If the opponent acknowledges the claim without having been demanded before submission of the claim, the plaintiff must bear the costs of the court proceedings.

  • Further advantage: The opponent may send an answer disclosing the future defense against the claim, so you can get more information to prepare the claim.
     

​When a performance or payment can not to be expected, we limit ourselves to a short letter with formulation of the claim and a request for performance with a deadline.

When an agreement seems possible, we address a more detailed letter to the opponent in which we explain the better legal situation of our client and point out possible solutions.

Who should write a letter of demand?

Of course, also a client could  write a letter of demand.

However, there are some advantages to having us write this formal request:

 

  • Biggest advantage from our point of view: The letter carries the letterhead of a German law firm. This gives the German recipient a clear indication of the seriousness with which your company treats the matter.

  • Further, if you seek legal advice before drafting the letter of demand, a German lawyer may also be able to include other potential claims in the request, which increase the persuasiveness of the claim.

The law suit

We can prepare a law suit very quickly because we can build on the preparatory work for the letter of demand. Before filing, you will receive a draft including all annex documents. In addition, we will send a calculation of the court costs so you can transfer these costs to our fiduciary account for forwarding to the court.

Release for submission

Once the draft of the law suit has been approved by you, we file the suit with the court. The next step is the payment order of the court costs

Court Decisions

At first, the judge determines whether a written preliminary procedure is to be held prior to the hearing or whether a hearing is to be scheduled.

This decision will determine whether several written statements will be exchanged before the hearing for preparation or whether only one statement of defence will be filed by the defendant.

At the same time, the court sets the defendant a time limit (usually two weeks) to state formally whether he will defend himself and another time limit (at least another two weeks) within which a statement of defence must be filed.

Written submissions

A court case is rarely decided solely in the oral hearing.

Usually, unconscious decisions of the judge are made much earlier, i.e. when reading the submitted pleadings.

Because these decisions determine the entire procedure and shape the opinion of the court, we take great care in drafting the submissions.
All court submissions will be thoroughly coordinated with you to ensure that all important facts have been accurately and completely reproduced.

The hearing

After the parties have exchanged all facts and legal opinions in written pleadings the hearing at the court follows.

Usually a hearing begins with the judge's attempt to achieve an agreement.

This gives the parties the possibility to negotiate.
If this attempt to settle fails, the final hearing follows immediately.

 

However, it must not be expected that negotiations with the judge will actually take place. Due to the preparatory statements, the case is usually already sufficiently presented. Thus the time has come for a decision by the court. 

 

If the court has already collected all necessary information, a judgement could already be issued. But usually the court decision is only a preliminary conclusion of the hearing with a decision to take evidence. This can be a testimony or the obtaining of an expert opinion and will take place within the next hearing.

How to get started?

If your company wants to file a law suit or has been sued, please contact us as soon as possible.
With a form all informations can be provided very easily. You can download suitable forms at the link below.
But, of course, you can also contact us by phone.