Many commercial cases are effectively decided before the first hearing, not in the courtroom. The court rules on the facts and documents placed before it, and a claim filed in haste with an incomplete file may drag on or be dismissed, even when the right seems obvious to its owner. That is why we always start with our clients from a simple question: what can you prove today?
Define your claim precisely before anything else
Before gathering papers, ask yourself: what exactly do I want from the court? Is it an amount due, compensation for damage, termination of a contract, or an order compelling the other party to perform an obligation? A clear claim determines the type of action, the competent court and the documents you need. A vague or inflated claim weakens the case and invites defences.
The core documents to gather
- The contract and its annexes: the signed copy, plus any amendments, purchase orders or accepted quotations.
- Proof that you performed your obligations: delivery records, shipping notices and completion certificates.
- Invoices and statements of account: together with proof that the other party received them or did not object to them.
- Correspondence: emails and messages acknowledging the debt or discussing the dispute.
- Previous demands: any notice or demand sent to the other party and the date it was sent.
- The defendant's details: the correct trade name, commercial registration and national address, since errors here delay service.
Review the contract before choosing your route
The contract may contain an arbitration clause, designate a particular court, or require negotiation before going to court. Ignoring these clauses is a common mistake: the opponent may object to jurisdiction, and months can be lost before the merits are even heard. The regulations also require, for certain commercial claims, that the other party be notified or that settlement be attempted before filing, so confirm this early.
Mistakes we see often
- Filing before calculating the amount claimed precisely, with a document supporting each part of it.
- Relying on verbal agreements with no written trace to support them.
- Sending emotional messages to the opponent during the dispute, which may later be used against the sender.
- Delaying the claim until some documents are lost or the opponent's financial position changes.
- Combining more than one dispute in a single action without need.
Arrange your file the way the court will read it
Write a chronological summary of the facts: when the contract was signed, when you performed, when the breach began and what you did afterwards. Then link each fact to the document that proves it. This summary makes it easier for your lawyer to draft the statement of claim, and reveals early the weak points that need to be addressed.
Estimate cost and time realistically
Before filing, weigh the value of what you are claiming against the cost of obtaining it in time, fees and management attention. Ask also about the opponent’s ability to pay if judgment is given in your favour, since a judgment against a party with no assets may return nothing to you. This assessment does not mean abandoning your right; it means choosing the most suitable route and timing to pursue it.
Good preparation does not guarantee a judgment, but it makes the case clearer, faster and less costly. If you are considering a commercial lawsuit, reviewing the file with a specialised lawyer before filing is a step that will save you a great deal later.