We believe that the legal justice system is made to be fair all over. However, this does not prevent unscrupulous people from exploiting the loopholes provided by law to gain monetary advantage through a seemingly fair legal justice system.
For example, there is this video that has gone viral in the Chinese social network, showing a man landing on a car’s front window several times. The man is believed to be trying to blackmail the car owner by faking a car accident. The incident occurred in S.Korea in September 2014.
If the owner of the car had not installed a camera in the car, it will be in quite a difficult situation as it will be quite hard for the authorities and the court to believe that someone would actually be stupid enough to risk his life to smash his head against the car windscreen several times.
Such frivolous lawsuits are, however, not unheard of. Some may actually pay off the amount demanded if the amount is lower than the legal costs that they would incur. Others may pay off simply they do not want to deal with the legal hassle or the embarrassment.
For those who believe in the legal justice system and that such frivolous lawsuits should be struck out easily, please read on.
Utilise the Legal Procedures Available to Strike Out Frivolous Lawsuit
Most countries (especially Commonwealth countries) do have procedures to strike out frivolous lawsuits without having to go through a full trial. This will reduce your legal costs, time and effort in defending the frivolous lawsuit.
Ask for Security for Costs
Security for Costs is applied by the defendant to a case in order to ensure that the claimant has the money to pay for the defendant’s legal costs if the claimant loses the lawsuit. In most jurisdictions (especially Commonwealth countries) provide for an avenue to apply for such security for costs.
This is a very useful procedure, to ensure that a person do not simply launch a frivolous lawsuit. If ordered by the court and the claimant is unable to place the money in court to secure the payment of the defendant’s legal costs, then the case will be dismissed.
Check if the Claimant has Any Previous Record of Lawsuits
Odds are, the claimant would have has previously attempted to sue other persons and might have even been successful in some, which is why the person would continuously try his or her luck to initiate further frivolous lawsuit in an attempt to blackmail a settlement.
In some jurisdictions, proof of the claimant being a litigious party could lead to a dismissal of the frivolous lawsuit.
Whether you are defending the frivolous lawsuit as a matter of principle or from a cost benefit, it is well worth trying the above methods to defend the frivolous lawsuit by seeking the court to dismiss the frivolous lawsuit without going for trial.
There are, of course, other legal strategies that can be adopted, depending on the circumstances of the case but the above are perhaps the most common ones used.
For free court case assessment, please feel free to contact us.