18/09/2026
When Should a Business Avoid Litigation — Even If It’s Right?
Being legally right does not always mean litigation is the best commercial decision.
Businesses may need to consider factors beyond the merits of the case, including reputational impact, negative publicity, legal costs, time involved and whether the other party can ultimately pay.
At the same time, consistently avoiding litigation can have its own consequences — particularly if others begin to see the business as unwilling to enforce its rights.
The decision to litigate should therefore consider both the legal position and the wider commercial impact.
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