litigation

Legal proceedings

The lawyers in our firm have extensive experience in civil litigation and in handling criminal cases involving businesses in general, such as economic, labour and environmental offences.

It is important to involve an attorney in the process before the trial starts, so that a solution can be sought as early as possible. This is particularly important in criminal matters. Criminal cases in Finland are prosecution-driven and always start with a preliminary investigation. With the help of a good lawyer, the prosecutor can be persuaded to drop charges already during the pre-trial investigation in order to cease the process prior to entering into public hearing.

Litigation in a dispute

A dispute is brought by means of a written application for a summons, which is heard by the court. The application for a summons identifies the claimant's claim and any documents and evidence the claimant seeks to use to prove its case.

If the court accepts the application, it will serve the summons on the defendant. In the summons, the defendant is asked to provide a written response to the statement of claim.

After the reply has been given, the dispute will continue to be dealt with in the prepatory phase. The preparatory phase can either continue in writing or go directly to an oral preparatory session. The purpose of the preparatory phase is to prepare the case for the main hearing. Once the preparation of the case has been completed, the main hearing of the dispute begins. At the main hearing, the parties present their case and witnesses are heard, on the basis of which the judges give their verdict.

Litigation costs

It is often thought that low-interest disputes are better dealt with in the courts than in arbitration, and this is often the case. However, when considering a trial, it is worth bearing in mind that the judicial process in ordinary courts can take several years due to the backlog of cases in the courts and a lack of resources. Possible appeals to the Court of Appeal and the Supreme Court after a hearing in the District Court also prolong the judicial process. The problems of court backlogs and long processing times result to revisiting the same case all over again at different stages, which increases costs.

Unlike judgments handed down by the courts, arbitral awards are final and years-long appeals can be avoided.

When choosing between litigation and arbitration, careful case-by-case consideration should be made. We are happy to provide more information on litigation in the ordinary courts and advise on how to resolve disputes effectively.

Niina Palaja

Attorney at Law, Partner
+358 40 706 1673
niina.palaja@prlaw.fi