Litigation Lawyer in Portugal | Litigation & Arbitration
Legal defence and representation in Portugal for individuals and companies
Legal disputes require a thorough analysis of the facts, the available documentation and the most appropriate procedural strategy for each situation.
The Litigation and Arbitration practice area of our litigation law firm covers the representation of individuals and companies both at the pre-litigation stage and in legal proceedings before the courts. Where permitted by applicable legislation or agreements between the parties, certain disputes may also be resolved through arbitration, as an alternative means of dispute resolution.
Each case has its own specific characteristics. For this reason, the legal strategy must be determined by analysing the facts, the applicable legislation, the available evidence and each client’s objectives.
If you have received a court summons, wish to bring a claim or require representation in legal proceedings in Portugal, it is advisable to have the specific case reviewed by a litigation lawyer before making any decision.
When should you resort to litigation?
Litigation is often resorted to in cases involving:
- breach of contract;
- judicial debt recovery;
- property-related disputes;
- disputes between landlords and tenants;
- civil liability;
- commercial disputes;
- employment disputes;
- family law proceedings;
- consumer disputes;
- enforcement proceedings;
- the need for recognition of foreign judgments;
- judicial appeals;
- interim relief.
Legal Representation
Legal representation can be provided both for those wishing to bring legal proceedings and for those needing to mount a defence in proceedings that have already been initiated.
Do you wish to bring legal proceedings?
Before bringing a legal action, it is important to assess whether there are sufficient legal grounds, what evidence is available and what risks are associated with the proceedings.
Depending on the specific case, our support may include:
- legal analysis of the situation;
- assessment of documentation;
- legal framework;
- gathering of evidence;
- attempts at out-of-court settlement;
- drafting of the initial claim;
- commencing the proceedings;
- monitoring the proceedings;
- representation at hearings;
- monitoring the case until a final decision is reached;
- enforcement of the judgement, where applicable.
Areas of Practice in Litigation
Civil and Contractual Disputes
Civil disputes may arise from breach of contract, violation of legal obligations or conflicts between individuals and companies.
Legal assistance may cover, amongst other situations:
- breach of contract;
- service contracts;
- sale and purchase agreements;
- works contracts;
- failure to fulfil obligations;
- claims for damages;
- termination of contracts;
- recovery of sums paid;
- disputes relating to property rights.
Judicial Debt Recovery
Judicial debt recovery is one of the most common areas of litigation.
When a debt remains outstanding and it is not possible to obtain payment through out-of-court means, it may be necessary to resort to the judicial remedies provided for by law.
Our support may include:
- analysing the existence and enforceability of the debt;
- assessing the available documentation;
- serving notice on the debtor;
- commencing legal proceedings;
- obtaining an enforceable judgement;
- enforcement proceedings;
- attachment of assets;
- judicial recovery of debts.
Support is also provided to debtors who wish to contest claims where the existence, amount or enforceability is in dispute.
Enforcement Proceedings
Once an enforcement order has been obtained, it may be necessary to initiate enforcement proceedings to ensure the compulsory fulfilment of the obligation.
Depending on the specific circumstances, our support may include:
- commencing enforcement proceedings;
- enforcement of a judgment;
- attachment of assets;
- attachment of bank accounts;
- opposition to enforcement;
- opposition to attachment;
- payment agreements;
- assessment of the limitation period for the debt;
- procedural motions relating to enforcement.
Property Disputes
Disputes relating to property may involve contractual issues, rights in rem, civil liability or breach of obligations entered into between the parties.
Among other matters, the following may be at issue:
- preliminary sale and purchase agreements;
- sale and purchase of property;
- breach of contract;
- construction defects;
- the builder’s liability;
- the property developer’s liability;
- disputes within housing estates;
- co-ownership;
- easements;
- property rights;
- disputes over possession.
Tenancy and Eviction
Disputes arising from tenancy agreements can take various forms and involve landlords or tenants.
Among other situations, the following may arise:
- non-payment of rent;
- termination of the contract;
- eviction;
- handover of the property;
- breach of contract;
- compensation for damages;
- return of the security deposit;
- building works;
- improper use of the property;
- interpretation of contractual clauses.
Civil Liability
Whenever an unlawful act causes pecuniary or non-pecuniary damage, a right to compensation may arise.
Legal assistance may cover claims relating to:
- contractual liability;
- non-contractual liability;
- accidents;
- pecuniary damage;
- non-pecuniary damage;
- breach of obligations;
- professional liability;
- corporate liability;
- liability arising from the infringement of legally protected rights.
Each claim for compensation depends on demonstrating the relevant legal grounds and providing evidence of the damages actually suffered.
Commercial Disputes
Companies may face disputes arising from their commercial, contractual or corporate activities.
Among other matters, these include:
- breach of commercial contracts;
- disputes between shareholders;
- directors’ liability;
- supply of goods and services;
- corporate disputes;
- recovery of commercial debts;
- corporate liability;
- unfair competition;
- breach of commercial agreements.
Employment Disputes
Employment disputes often require a simultaneous analysis of employment legislation, existing documentation and the development of the relationship between employee and employer.
Our support may cover:
- dismissal;
- employment-related claims;
- arrears of wages;
- compensation;
- disciplinary measures;
- workplace accidents;
- termination of the employment contract;
- workplace harassment;
- employer liability;
- legal representation of employees and employers.
Each case is assessed on the basis of the specific circumstances and the applicable labour legislation.
Family Law
Family law litigation involves particularly sensitive matters, requiring a legal approach tailored to the specificities of each situation.
Among other issues, the following may be the subject of legal representation:
- contested divorce;
- division of assets;
- civil partnerships;
- parental responsibilities;
- arrangements for the exercise of parental responsibilities;
- variation of parental responsibilities;
- maintenance payments;
- non-compliance with court orders;
- recognition of foreign family law decisions.
How does legal support in litigation work?
1.Initial analysis of the case
The first stage involves analysing the information provided, including contracts, correspondence, notifications, court decisions, financial documentation or other relevant material.
Where necessary, additional documents essential for a proper legal assessment of the situation may be identified.
This stage enables us to understand:
- the origin of the dispute;
- the legal position of each party;
- the procedural risks;
- the applicable statutory time limits;
- the legally available solutions.
2.Defining the procedural strategy
Following an analysis of the situation, the most appropriate strategy for the specific case is defined.
Depending on the circumstances, it may be appropriate to:
- seek an out-of-court settlement;
- bring legal proceedings;
- file a defence;
- apply for an interim order;
- initiate enforcement proceedings;
- lodge an appeal;
- enforce a judgment.
Not all disputes require the same approach; each case is prepared in accordance with its specific circumstances.
3.Preparation of the claim or defence
Where there are grounds for taking the matter to court, the relevant procedural steps are prepared.
This stage may include:
- analysing the applicable legislation;
- organising documentary evidence;
- identifying witnesses;
- gathering supplementary evidence;
- drafting procedural documents;
- submitting the necessary applications.
4.Representation before the courts
Throughout the proceedings, we ensure that the various steps provided for by law are followed.
Among other actions, these may include:
- submission of pleadings;
- responding to applications;
- attending hearings;
- producing evidence;
- monitoring court notifications;
- participating in the various stages of the proceedings.
This monitoring continues until the final decision is reached or for as long as relevant procedural steps remain outstanding.
5.Appeals and enforcement of the judgment
Following the court’s decision, it may be necessary to consider whether to lodge an appeal or to proceed with the enforcement of the judgement.
Depending on the specific case, the following steps may be taken:
- analysis of the decision handed down;
- assessment of the grounds for appeal;
- lodging of an appeal;
- enforcement of the judgement;
- initiation of enforcement proceedings;
- monitoring of the enforcement phase.
Out-of-Court Dispute Resolution
Not all disputes need to end with a court decision.
Where circumstances permit, the possibility of reaching a solution through negotiation between the parties may be explored.
Depending on the dispute, various solutions may be considered, including:
- direct negotiation;
- out-of-court settlements;
- mediation;
- acknowledgement of debt;
- payment plans;
- court settlements.
Why is it important to act promptly?
In many areas of law, there are statutory time limits that govern the exercise of certain rights or the taking of procedural steps.
Delayed action may make it difficult to defend the interested party’s legal position or limit the remedies provided for in the applicable legislation.
Whenever there is a court summons, a notice of service, a breach of contract or any other dispute likely to give rise to legal proceedings, it is recommended that a legal analysis of the situation be carried out as soon as possible.
Frequently Asked Questions – Representation in Court
In what types of legal proceedings can you represent me?
We provide support and representation in various areas of litigation, including debt recovery, contractual disputes, property-related disputes, commercial disputes, enforcement proceedings, judicial appeals, administrative litigation and matters involving public bodies.
I have an outstanding debt. Can you help me recover it?
Yes. We analyse the situation and seek the most effective way to recover the amounts owed, whether through out-of-court negotiation, legal action or enforcement proceedings.
What happens if someone breaches a contract?
A breach of contract may give rise to claims for damages, a demand for fulfilment of the obligations undertaken, or even the termination of the contract. We assess each case and advise on the best strategy to protect your interests.
Do you represent landlords in tenancy disputes?
Yes. We assist landlords in cases of rent arrears, breach of contract, eviction of tenants and other disputes relating to tenancy agreements.
Can you help with disputes involving flat-owners’ associations?
Yes. We represent property owners and flat-owners in disputes relating to service charges, building works, the use of communal areas and other issues associated with flat ownership.
My company is involved in a commercial dispute. What should I do?
The sooner you seek legal advice, the greater the chances of protecting the company’s interests. We represent companies in commercial disputes, cases of breach of contract and corporate disputes.
What are enforcement proceedings?
It is the procedure used to compel a debtor to fulfil an obligation that has already been recognised, usually through the attachment of assets, bank accounts or income.
I already have a favourable court judgement. Can you help enforce it?
Yes. We manage the enforcement of the judgement, facilitating the recovery of sums owed or the fulfilment of the obligations set out by the court.
Do you represent foreign nationals in Portugal?
Yes. Our English-speaking lawyers in Portugal assist foreign nationals in legal proceedings, including civil, commercial and property disputes, as well as the recognition of foreign judgements.
Is it possible to enforce, in Portugal, a judgement handed down in another country?
In many cases, yes. We analyse the foreign judgement and handle the necessary procedures for its recognition and enforcement in Portugal.
Can I appeal against an unfavourable court judgement?
Depending on the case and the applicable legal time limits, it may be possible to lodge an appeal. We assess the judgement, identify relevant legal grounds and represent the client before the higher courts.
Do you provide support in disputes against public bodies?
Yes. We represent individuals and companies in proceedings against public bodies, including administrative and tax matters, as well as challenging decisions made by state bodies.
How can I tell if I have a legally viable case?
Each situation is assessed on a case-by-case basis. Following the initial consultation, we explain your rights, options, risks and chances of success.
How much does legal representation in court cost?
Fees vary depending on the complexity of the case, the amount at stake and the work required. Following an assessment, we provide a clear and transparent quote.