Litigation

We have bilingual experts who, as lawyers, can assist at every step of the procedure, even before the courts, providing expert advice in English, in a manner understandable of a non-French culture.

Civil litigation

Civil litigation in France covers all disputes which, in the absence of a settlement agreement between the parties, are brought before the courts.
The competent jurisdiction will depend on the amounts at stake.
Before the Tribunal de Grande Instance or the court of appeal, parties must be represented by a French lawyer.
All the advocates within our practice are fully entitled to practice and appear in court throughout the whole of the French territory.

Commercial litigation

French commercial litigation is dealt with before a specialized jurisdiction known as the Tribunal de Commerce.
The Tribunal de Commerce aims to solve disputes between traders and commercial companies and those relating to commercial transactions, as well as insolvency proceedings.
We will retain jurisdiction for the purpose of resolving any disputes between all traders or commercial companies.
All the advocates within our practice are fully entitled to practice and appear in court throughout the whole of the French territory.

Employment litigation

The Conseil des Prud’Hommes is a special court which deals with disputes between employees and employer resulting from an employment contract such as unpaid salary, disciplinary sanctions, harassment and termination of the contract of employment.
In those proceedings, the parties are required to exchange their written submissions and evidence.

Property and real estate litigation

Disputes can occur between landlords and tenants, co-owners, neighbours and so on…
We do offer dispute resolution mechanisms that are responsive for matters such as :
Residential leases → nonpayment of rent, lack of maintenance of the building, work to be carried out, sale of the property, dispute as to the charges to be paid, disturbance affecting the use and enjoyment…
Commercial leases → French commercial leases are highly regulated and standardized by French statute.
The legal regime of French commercial leases requires extended knowledge of this regulation regarding notably → length of the lease, its renewal, rent revision, determination of the rent at the beginning of the lease and upon its renewal, termination of the lease.
Commercial leases disputes are dealt with by the higher civil court of first instance known as “Tribunal de Grande instance”.
The procedure is very specific and includes strict timescale to be complied with.
Co-ownership → various issues may lead to disputes regarding apportionment and recovery of charges, apportionment between private areas and common areas…
Real estate litigation → This litigation relates to disputes regarding a preliminary binding agreement, hidden effects, conformity effects, transactions being declared null and void or to a price reduction by way of damages.
Property litigation → This litigation mainly relates to boundary lines or the exercise of an ownership right over real estate

Construction litigation

This litigation mainly relates to the construction process.
Disputes relate to construction defects, site abandonments, formal handover of the construction, ten years guarantee insurance, civil professional liability insurance, liability of sub-contractors.
In most cases, French courts appoint judicial experts given the technical nature of the issues.
Experts carry out investigations in the presence of all the parties to the proceedings.
Then, the judicial expert files his report and the matter shall be remitted to the court.
In that respect, the expertise stage should not be neglected.