Civil Litigation In Thailand

Civil Law
Dispute Resolution

Civil litigation cases are filed in court when one party sues another for the enforcement or protection of a right or for the prevention or remedy of a wrong.

There is no criminal intent, just a significant reason and plaintiffs seek compensation or other damages from defendants, because they feel they have been harmed so plaintiffs choose to present their cases to the court.

There are many types of civil litigation cases. For example, disputes between business partners, property disputes, divorces or other civil wrongs where the rights of one party have been breached.

Alternative Dispute Resolution In Thailand

Our team of Civil Litigation attorneys are well equipped to prosecute civil claims as well as defend clients in claims brought against them. As fees for civil cases can quickly escalate our team of litigators will evaluate the case first and then fix a fee to represent our clients.

We will represent our clients in the Court of First Instance and then if required in the Court of Appeal. Our civil litigation lawyers work closely with our clients to build a strong case and design a strategy that will meet our client’s goals so that we can eventually win or settle the dispute.

Our lawyers will also seek to resolve the case before it even reaches the Court of First Instance. There are several ways to do this commonly referred to as alternative dispute resolution (ADR). The most common way is to negotiate a settlement or agree to mediation.

Common Types of Civil Litigations Cases

Real Estate Disputes
Foreigners are commonly victims in real estate disputes. These disputes arise from language barriers, unlawful purchasing procedures or the dishonesty of sellers. The Consumer Board of Protection reports that complaints about real estate development companies are on the rise. Most of these disputes arise because of misleading advertising, low-quality workmanship and materials, and significant delays in construction.

Defamation Claims
Thai Law allows for civil and/or criminal charges to be brought against a party for defamation. According to 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. Our experienced litigation lawyers have handled several defamation claims some have gotten settled in court while other have been settled through negotiation.

Breach of Contract
This is perhaps the most common type of civil case and comes as a result of one party failing to fulfil the written terms of a duly signed contract without a legitimate reason. This could involve not completing a job, not paying on time or in full, failing to deliver required goods, substituting orders with inferior or substantially different goods, or any other act demonstrating that the party will not perform as specified.

Employment Disputes
Thailand’s Labor Law provides employees both Thai and Foreign with protection against their employers. Thai Labor Law provides the grounds for an employee's dismissal or termination and the provision of severance compensation. Any violation of the law may cause an employee to file a labor case against their employer.

Those cases are usually handled by lawyers who have an expertise in Thai Labor Law. Professional Corporate Services has an entire section dedicated to Labor Law and can represent both employees and employers.

Civil Labor Litigation is required when there are illegal dismissal or unlawful termination issues. Employees must first take the complaint to the Thai Labor Board to see if a compromise can be reached between the employer and employee. If this is impossible and the labor board finds probable cause against the employer, it will recommend that a labor lawsuit be filed, this is where civil litigators with labor law backgrounds come in very handy.

Summary - Litigation Lawyers In Thailand

Needless to say, there are many other types of civil litigation cases like personal injury cases and patent infringements, we at Professional Corporate Services have the right litigation lawyers for the right case. If you feel you have been harmed by a third party please do not hesitate to contact us to discuss your matter. We will be pleased to offer you a FREE consultation.

Contact PCS

Our Address

253 Sukhumvit 21 Road (Asoke), 25th Floor

Email Us

contact@pcsthai-1.com

Call Us

+66 2 109 5160

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