When not to sue!

We all have disputes in our lives.  These will range from being relatively minor, through to serious matters of dispute and importance.  Most disputes will eventually be resolved between the people involved in them, with some level of mutually agreeable resolution being achieved, and without the matter having to come to law.  Sometimes however, it is simply not going to be possible, and in those circumstances, the dispute will invariably find itself in the hands of Solicitors, and often before the Courts.

Bringing a case to Court is usually an expensive, lengthy, and most likely stressful process for everybody involved in the dispute, and is not something to be entered into lightly.

 That is why it is important that anybody intending to take this step gets good, specialist legal advice on their dispute before commencing on Court action.  A specialist lawyer will be able to explain to you the in’s and out’s of what is being contested.  They will also be able to explain the Court process that will follow, and importantly, give a clear estimate as to the possible cost of trying to resolve the dispute in this way.  Only when somebody has all available information, can they make a proper decision as to whether it is something that they want to proceed with.  Often that will depend upon the importance of the matter to them, and there are always cases which are so important that they must be brought, and even in the most difficult of circumstances.

 There are however those cases which are just simply doomed to failure, for example the case brought by an American Judge, Roy Pearson.  Judge Pearson took a pair of suit trousers to a company called Custom Cleaners in order to have the waist let out by a few inches.  The cost of this service being a little over $10.  When he picked up the trousers, he insisted that those that were given to him were not in fact his trousers and he refused to accept them, and instead chose to take the cleaning company to Court, claiming an amazing $67,000.000.00 in compensation.  The Judge relied upon a sign displayed in the window of the cleaners saying “Satisfaction Guaranteed”.  He claimed that he was not satisfied, and was therefore entitled to compensation, using what he clearly thought was some very clever arguments to arrive at the eventual figure of $67,000.000.00.

 The position of the cleaning company were that they were his trousers, and that they had done nothing wrong.  The Court agreed with the cleaning company and the case was thrown out, with the Judge being ordered to pay the legal costs involved.

A case which demonstrates both the need for specialist advice, and proper consideration before beginning litigation.

 The best advice for anybody who wishes to take a matter to Court is firstly to get specialist advice about what will be involved, and then to consider carefully the importance of the matter in contrast to what will be involved in proceeding with the claim, and consider all the facts before deciding how best to proceed.

Andrew Marsden, August 2007