A sound litigation decision combines legal prospects with commercial priorities. The value of a claim is only one factor: evidence, solvency, timing, management resources and ongoing business relationships can be equally important.
Procedure and practical preparation
We define the desired result, assess available procedures and identify the major factual uncertainties. Costs may include legal fees, court fees, experts, translations and the opponent’s recoverable costs. Insurance coverage and funding arrangements must be checked against their actual terms. A staged approach can be useful where information or evidence is missing. Settlement is assessed against realistic alternatives, including security and enforceability. At each material development, the strategy should be revisited rather than treating the initial plan as fixed.
Four practical examples
These are illustrative situations, not descriptions of particular client matters or promises of an outcome.
1. Large claim, limited proof
A substantial loss may still be difficult to establish. Evidence gaps and expert costs should be assessed before filing every possible claim.
2. Insurance decision pending
Coverage discussions must not delay procedural deadlines. Excesses and uncovered fees need separate consideration.
3. Important customer
A settlement may include repair or future supply, but must remain precise and commercially secure.
4. Possible appeal
Additional cost and the available grounds of challenge should be evaluated alongside provisional enforcement and settlement opportunities.
Documents for the initial review
Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.
Related guidance
Strategy and costs · Settlement · Enforcement
Legal framework
Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.