Are you a creditor looking to recover your money?
If you are a creditor or Director of an insolvent company or a bankruptcy, Oliver Elliot can help you address your claim and concerns arising from the insolvency and potentially the litigation risk.
Insolvency Litigation
Overview Of Litigation Risk
There is a risk with any piece of litigation. Not convinced? Think your case is nailed on? Well, think again. If you are invited to go to Mediation, your lawyer is likely to recommend that you do agree to it. Here’s the thing – count how many times the Mediator refers to the words ‘risk’ and ‘costs’. It would be inconceivable that you do not hear such words uttered multiple times during the course of the day. They are doing so with good reason so that you are aware that ALL litigation has its risks and believe it or not, you can still lose a good case.
In 1996 Greg Norman, the ‘Great White Shark’ of golf headed into the last round in Augusta and threw away a 6 shot lead and in doing so gifted Nick Faldo his third Green Jacket. Those watching at the time were able to witness the slow anguish of Norman as victory slipped out of his grasp. Cross-examination can be like this when it does not go your way and your case goes off-piste.
The Cross-Examination Litigation Risk
If you are in the Witness Box and your case starts to really wobble, be prepared for the fact that it could get a whole lot worse. You could be there a long time. You could even be there for days. The potential is that wheel after wheel could come flying off as the slow-burning embers of well-drilled cross-examination could burn their way right through your case.
Consider the case of The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, et al., 2014 ONSC 5831 in which one of the most memorable comments in litigation history being widely reported across jurisdictions were articulated by Mr. Justice Joseph Quinn of the Ontario Superior Court after a certain witness left what had become his new home for well over fourteen days:
After four weeks, the first witness, Stefan Fridriksson (“Fridriksson”), was still testifying. Six additional days were needed to complete his evidence. In total, Fridriksson sub-let the witness box for 26 days. He entered the box as an articulate professional with impressive academic credentials, displaying what appeared to be a sound and comprehensive recollection of events. When he stepped down, after more than 14 days of withering cross-examination, he was noticeably dazed, his credibility was reduced to existential confetti and he even appeared to be physically shorter than when the trial began. The case for the plaintiff was leaking oil (at one point, I thought that I saw smoke) and everyone who was paying attention realized that whatever damages were at issue in the trial would be swamped by the costs tsunami that was approaching.
What Next? Expert Advice Is Just A Click Away
If you have any questions in relation to The Litigation Risk then Contact Us as soon as possible for advice. Our expertise is at your fingertips.
Disclaimer: The Litigation Risk
This page: The Litigation Risk is not legal advice and should not be relied upon as such. This article The Litigation Risk is provided for information purposes only. You can Contact Us on the specific facts of your case to obtain relevant advice via a Free Initial Consultation.
