Litigation and Dispute Resolution

At Tomás Ballestero Lawyers, we specialize in providing cost-effective legal services in civil, commercial, and criminal litigation. With over 30 years of experience, our expert team handles disputes related to property, construction, trusts, and liquidation matters. We are committed to resolving disputes efficiently through negotiation, mediation, or alternative dispute resolution (ADR) processes, but when necessary, we offer robust representation in courts and tribunals across Spain.

Our Litigation and Dispute Resolution Services Include:

1. Civil Litigation
   • We represent clients in various civil disputes, such as breaches of contract, property claims, and disputes with neighbors or partners.
   • Example: A property owner finds that a construction company has not delivered on time, breaching the contract. We represent the client in negotiating compensation or, if necessary, taking legal action to recover damages.
2. Commercial Litigation
   • Our team handles complex commercial disputes, including contractual disagreements, partnership disputes, and issues involving shareholders.
   • Example: A business partner breaches a confidentiality agreement, damaging the company’s interests. We assist in securing an injunction to stop the breach and seek compensation for financial losses.
3. Property and Construction Litigation
   • We deal with disputes related to property transactions, construction defects, and zoning or planning issues.
   • Example: A homeowner faces delays and poor-quality work in a construction project. We negotiate with the contractor or represent the client in court to secure damages for the delays and faulty work.
4. Trust and Estate Litigation
   • We handle disputes over inheritances, wills, and trusts, ensuring that beneficiaries receive their rightful inheritance and that the estate is distributed fairly.
   • Example: A beneficiary contests a will, claiming undue influence over the testator. We represent the client in court to ensure a fair resolution.
5. Bankruptcy and Liquidation Litigation
   • Our firm advises clients on insolvency and liquidation disputes, protecting creditors’ rights and managing the fair distribution of assets.
   • Example: We represent a creditor in a bankruptcy case, ensuring that they recover as much as possible from the liquidation of the debtor’s assets.
6. Injunctions and Urgent Legal Applications
   • We are well-equipped to handle urgent applications, including injunctions to protect assets or prevent ongoing harm.
   • Example: A client’s business partner is attempting to transfer company funds improperly. We secure an injunction to freeze the accounts and protect the business.
7. Criminal Litigation
   • We provide expert defense for individuals and companies facing criminal charges, from fraud to white-collar crime.
   • Example: A business owner is charged with fraud in a commercial dispute. We represent them, ensuring they have a strong defense while exploring options for plea bargains or trials.

Alternative Dispute Resolution (ADR)

Where possible, we aim to resolve disputes without the need for court proceedings, using methods like negotiation, mediation, and arbitration. These processes are often quicker, less costly, and less confrontational than traditional litigation.

• Example: A client and their business partner are in dispute over a joint venture. Instead of proceeding to court, we negotiate a fair settlement that allows both parties to avoid lengthy litigation.

Appeals and Enforcement of Court Orders

If you are dissatisfied with a court ruling or if another party has failed to comply with a court order, we provide support in filing appeals or enforcing judgments.

• Example: A company refuses to pay a court-ordered compensation. We take legal action to enforce the judgment, ensuring that our client receives the owed amount.