Common types of civil actions in Thailand
Key takeaways
- There are various types of civil lawsuits in Thailand, including debt collection, medical malpractice, personal injury, and breach of contract.
- Certain specialised matters may be heard in specific courts, including the Labour Court and the Central Intellectual Property and International Trade Court.
What is civil litigation?
Civil litigation is an area of law that applies to legal disputes where two or more parties are challenging monetary damages or specific performance. The key element of civil litigation is the fact that is does not constitute criminal liability in most cases.
In Thailand, civil actions include various types of legal disputes between individual persons and companies, including contractual disputes, commercial and property disputes, family law matters, tortious actions, employment actions, intellectual property disputes, and recovery of monies owed.
What is the civil litigation process in Thailand?
As noted above, civil litigation does not constitute criminal liability in most cases; however, there are still various legal processes and proceedings involved in civil action.
Disputes can be settled amicably; however, the party bringing the civil claim, known as the ‘Plaintiff’, may have no option but to apply to the courts to have their argument heard.
To further their claim, the Plaintiff’s legal representative in Thailand must file their proposed claim with the appropriate Court of First instance.
The proposed claim must constitute the following:
- The nature of the claim
- What remedy is being sought by the Plaintiff
- What is the alleged infringement by the opposing party, known as the ‘Defendant’.
Common types of civil lawsuits in Thailand
Debt collection
Under Thai civil law, debt recovery by the courts can take place in various circumstances.
Applicable legislation includes civil law, commercial law, and Thailand’s Debt Collection Act.
Types of debts that can be recovered includes credit-card related debts, mortgages, personal and business loans, and commercial contracts.
Medical malpractice
As Thailand is positioning itself as a medical hub, it should be noted that claims for medical malpractice in Thailand should be filed with a court in the country.
While claims for compensation under medical malpractice must usually be brought within one year of the purported injury, there are certain exceptions that fall under criminal law.
Under Thai law, it must be proven that the medical practitioner acted negligently, thus resulting in injury to the Plaintiff.
Breach of contract
Thai law provides various avenues to redress the issue of breach of contract under civil law.
While Thai courts actively encourage parties to resolve their disputes without the need of the courts, it should be noted that contractual breaches can be brought before courts.
In the first instance, the Plaintiff should collaborate with their legal counsel to serve a formal demand upon the Defendant. If the Defendant fails to redress the loss caused by the breach of contract, the Plaintiff can seek a court judgement.
Personal injury
The law in Thailand encompasses claims for compensation as a result of personal injury. This can include both physical and mental injury.
When considering claims for personal injury, the courts in Thailand will look to ensure that the Plaintiff is awarded damages for the injuries being claimed and the loss of earnings due to the injuries sustained.
While we have covered the key areas above, it should be appreciated that there are various types of civil actions in Thailand.
How can WSR international help your business?
With our deep understanding of Thailand’s civil law industry and procedures, WSR International is perfectly placed to provide you with tailored legal solutions to ensure that you get the best result.
If you would like to discuss the civil actions in Thailand in further detail, please do not hesitate to reach out to the business and legal experts at WSR International.
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