Litigation
Litigators helping to resolve your business disputes through arbitration, litigation or mediation. We have proficiency in litigation (including a prominent trial capability), arbitration, and other forms of alternative dispute resolution. As a firm, we emphasized practical understanding of clients’ business matters, and we have practice across every fragment of the corporate and financial domain.
We are specializing in managing complex cases involving various claims and parties. We also advise clients reduce litigation risk.
Industry experience includes financial services, biotechnology, pharmaceuticals, chemicals, automotive and aerospace, media and entertainment, telecom and consumer electronics, computer hardware and software, computer systems and networks.
We are offering a comprehensive service for litigation advisory, transactional and commercial work. We also offer trademark prosecution and portfolio management, including Drafting I.P. Licensing agreements; License contracts, Renewals and recorders of assignments, registration of trademarks, patents and industrial designs.
Litigation FAQs
What does “litigation” mean in Sri Lanka?
Litigation refers to the process of resolving disputes through the court system, from filing a claim to judgment, including appeals and enforcement.
Which laws govern civil litigation procedures in Sri Lanka?
The Civil Procedure Code and related statutes govern civil court practice in Sri Lanka.
What is a “plaint”?
A plaint is a legal document filed by a plaintiff to start civil litigation, outlining the facts, cause of action, and the relief sought.
Who can file a lawsuit?
Any person or legal entity with a valid cause of action under Sri Lankan law may file a suit. Legal representation by an attorney-at-law is common but not mandatory.
What is a “cause of action”?
It’s the set of facts giving a party the right to sue, such as breach of contract or negligence.
What role does the Civil Procedure Code play?
The Civil Procedure Code sets out the rules for filing pleadings, service of summons, discovery, trials, appeals, and execution.
What is the difference between civil and criminal litigation?
Civil litigation resolves private disputes (e.g., contracts), while criminal litigation prosecutes offences against the state.
Can foreign parties sue in Sri Lankan courts?
Yes, if the dispute has a sufficient connection to Sri Lanka or is permitted by law.
Is there a mandatory mediation step before litigation?
For most civil cases, mediation or negotiation is encouraged but not mandatory unless specified by law.
Who is a registered attorney?
A lawyer authorized to act for parties in litigation. Their name is recorded with the court when they appear on behalf of a client.
Court Structure & Jurisdiction
What is the court hierarchy in Sri Lanka?
The hierarchy is: Supreme Court → Court of Appeal → Civil Appellate High Courts → High Courts (including Commercial High Court) → District Courts → Magistrates’ & Primary Courts.
Which court handles general civil disputes?
District Courts serve as the primary forum for civil actions of general nature.
What kinds of cases do District Courts hear?
District Courts hear civil, revenue, trust, insolvency and testamentary matters, among others.
What is the Commercial High Court?
A specialized High Court for commercial disputes arising from transactions above statutory thresholds and specific statutes like the Companies Act.
Where is the Commercial High Court located?
Primarily in Colombo, with multiple sittings for commercial cases.
What jurisdiction does the Commercial High Court have?
It hears civil suits rooted in commercial transactions where the amount exceeds statutory limits, and matters under Acts like the Companies Act and Intellectual Property Act.
Which court hears appeals from the Commercial High Court?
The Supreme Court of Sri Lanka hears appeals against decisions of the Commercial High Court.
What is the role of the Court of Appeal?
The Court of Appeal hears appeals from lower courts and some High Court decisions.
Does the Supreme Court hear appeals?
Yes. It is the highest court and hears constitutional and final appeals.
Can civil cases go directly to the Supreme Court?
Only in limited circumstances (e.g., constitutional matters or where law allows).
Filing & Procedure
How do you start a civil lawsuit?
By filing a plaint in the competent court registry along with required documents.
What is service of summons?
After filing, the court issues summons to notify defendants of the case.
Can summons be served electronically?
Yes; amendments now allow service via registered email under certain conditions.
Are pleadings required?
Yes. Pleadings include plaint, answer, and replication where applicable.
What is an interim application?
An application for temporary relief (e.g., injunction) during litigation.
Can parties settle after filing?
Yes. Courts can record terms of settlement and enter a decree accordingly.
What is discovery and inspection?
A process where parties exchange documents relevant to the case.
Is pre-trial a part of procedure?
Yes, courts often conduct pre-trial to streamline issues.
Do trials happen on consecutive days?
Typically no; trials are fixed on available dates depending on court schedules.
Can hearings be held remotely?
Yes, courts may conduct hearings via electronic platforms when necessary.
Judgments, Appeals & Enforcement
What is a judgment?
A court’s final decision on merits of a case.
What is a decree?
A formal court order implementing judgment.
How long does litigation take?
Time varies widely — often years depending on complexity and court schedules.
Can a party appeal a judgment?
Yes; appeals to higher courts are permitted under statutory provisions.
What is appellate review?
A higher court re-examines legal and procedural aspects of a lower court’s decision.
Do appeals stay execution?
Not automatically; parties may request a stay of execution.
How are judgments enforced?
Through execution processes in court (e.g., garnishee orders, seizure).
Can foreign judgments be enforced in Sri Lanka?
Yes, under specific reciprocal enforcement ordinances.
What is parate execution?
A non-court process allowing banks to sell mortgaged property on default.
Can court costs be awarded?
Yes; courts can order costs as part of their judgment.
Practical Litigation Issues
Do civil trials use juries in Sri Lanka?
No; civil trials are judge-only trials.
Can evidence be submitted by affidavit?
Yes; courts accept affidavits with cross-examination.
Are court proceedings public?
Yes; civil hearings are generally public.
Where can I check case status?
Commercial High Court and other courts provide online case status services.
What are interlocutory applications?
Applications made before the main trial (e.g., to amend pleadings).
Can a defendant raise counterclaims?
Yes; defendants may file claims in reconvention.
What is the role of evidence law?
The Evidence Ordinance governs admissibility and privilege in civil litigation.
Can litigants represent themselves?
Yes, but professional legal advice is strongly recommended.
Is legal aid available?
Yes; services like the Legal Aid Commission provide legal assistance.
Where can I find reliable legal texts?
Official court websites, the Ministry of Justice, and authorized law publisher sites provide legal materials and judgments.