Civil Litigation

Civil Litigation for Thai Courts

A civil litigation attorney specializes in representing both defendants and plaintiffs in civil disputes. In Thailand, civil litigation encompasses cases where one party initiates legal action against another to enforce or protect a right, or to prevent or rectify a wrong. Unlike criminal proceedings, civil litigation does not involve criminal charges. Instead, it is a legal process where plaintiffs seek compensation or other forms of redress from defendants, culminating in a trial where each side presents its case. Civil litigation can cover a broad spectrum of issues, including business and property disputes, personal and domestic matters, intellectual property conflicts, divorces, and other instances where an individual's rights are infringed.

What Juslaws & Consult Offers:
Our lawyers are distinguished for their proficient dispute resolution practice. At Juslaws & Consult, we actively pursue civil claims for our clients and defend them against claims. We represent clients in both initial trials and on appeal, collaborating closely to develop tailored strategies that align with their objectives and resolve legal disputes efficiently.Understanding the potential high costs associated with civil litigation, we prioritize seeking resolutions through various forms of alternative dispute resolution (ADR) whenever feasible. The most common types of civil actions we litigate include, among others:

Breach Of Contract 

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.

Defamation Claims

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.

Employment Disputes

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.

Personal Injury Cases In Thailand

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.

Summary

Juslaws & Consult specializes in a wide array of civil litigation cases, offering expert legal services across various domains, including labor disputes, administrative cases, intellectual property disputes, and family law. Our team of litigators is dedicated to providing immediate assistance for a multitude of disputes. From the onset to the resolution of a civil action case, our civil litigation attorneys will represent and guide you through every critical stage. This comprehensive support encompasses the accurate classification of the case, navigating the jurisdiction of court proceedings, identifying the appropriate parties involved, and more, underscoring the vital role of a court lawyer in achieving a favorable outcome.

Our team combines the expertise of international lawyers with the local knowledge of Thai legal professionals to ensure top-tier civil litigation services. We are committed to delivering efficient and effective solutions for your civil action cases.

For detailed information and personalized assistance, we encourage you to consult with our lawyers. Please contact Juslaws & Consult to explore how we can support your legal needs.