Types of Litigation

Criminal Litigation: criminal offenses from filing a police claim to representation in criminal court.

Civil Litigation: filing for petitions, requests for court orders.

Commercial Litigation: breach of agreements, tort action, consumer protection case, employment dispute, intellectual property infringement case, Investors & Shareholders dispute, etc.

Action

Court of First Instance: This initial stage would involve preparing and filing a claim or an answer to the claim, representing the party in court, preparing necessary documentations, as well as planning on the strategies of the case, and negotiation.

Enforcement: the enforcement process will be required in the event that the losing party refused to comply with the court’s judgment. A special enforcement process would help the winning party receive the compensation or benefit from the judgment as ruled by the Court of First Instance.

Appeal process: In the event that the party is not satisfied with the Court of First Instance’s judgment or orders, the party would be able to bring such judgment or order to be re-considered by the higher court.

What to do when going into Litigation in Thailand

a) Prepare evidence : a good track of evidence will make your life very much easier in court. When thinking of going into litigation, you will have to make sure that you have sufficient evidence to support your case. This could be in a form of documents, emails, photographs, tape recorder, etc. Under Thai court, the best form of evidence would be in a form of written documents.

b) Know your legal position : to decide whether or not you should move forward with litigation, you will need to know your legal position, i.e. know where you stand in that particular case, whether or not you have a strong argument for the case, and how likely you will win the case. Most of the time, to find out your legal position, you will need to consult with your attorney. In most cases, a legal research is required to reveal the exact position and to know how best to move forward in each particular case.

c) Provide accurate information : it is recommended to provide your attorney with accurate information from the very beginning to avoid misunderstanding and incorrect analysis.

d) Work closely with your attorney : when going into litigation, most people would leave all the work to their attorney and expect highly on the result. However, this is not the best attitude for involving yourself in litigation. It is recommended to double check all claims, answers, petitions, and other relevant documentations which will be submitted to court. Most attorneys will send you the draft of the documents prior to submission. This will be a good chance for you to double check the detail.

More Information

JNP represents clients in litigation, arbitration, and negotiation. Our lawyers’ attention to details, problem solving, strategic planning skills, and experience are major contribution to our great record of commercial & civil litigations.

Contact JNP Legal Office now for more information