Once a dispute arises, it is sensible to go back to the agreement or contract first made between the parties. You may need legal advice as to the agreement itself and the events that follow the signing of the agreement. It is most practical to keep and organise all relevant documents such as letters, emails, chat records and telephone notes, as well as a chronology of events to assist your claim.
Initial legal advice would be followed by a demand letter or a Writ of Summons to initiate legal proceedings. Depending on the urgency and nature of the matters involved, you may need to apply for an injunction or other reliefs to facilitate your claim. It is now much encouraged to settle the dispute in a cost effective way outside of Court, for example, by means of mediation or arbitration. However you should get full legal advice before accepting any settlement offers and consider any risks of costs to litigation.
The benefit of getting a lawyer is that lawyers will draft or scrutinize the letters, documents or settlement agreements with client’s interest and potential risks in mind. Lawyers will also communicate with lawyers of the respective parties to ensure a cost-effective and well informed decision-making process towards reaching a resolution of the dispute.
The levels of Court vary by the amount of the monetary claim. However, if the dispute involves a monetary claim of HK$75,000 or less, you can lodge your claim at the Small Claims Tribunal, where legal representation is not allowed.