Whether you are considering bringing a claim, or find yourself having to defend a claim brought against you, we can offer you expert guidance and support.
We have experience acting in a wide range of disputes both large and small, in the following areas;
- Contract disputes
- Debt recovery
- Landlord and tenant disputes
- Misrepresentation claims
- Intellectual property claims
- Defamation/reputation claims
- Disputes with customers
- Professional negligence
- Building disputes
- Corporate/partnership disputes
- Insurance disputes
- Insolvency related disputes
We understand that litigation is very often an unwanted drain on resources, and we will work with you wherever possible to select the most appropriate and cost effective form of dispute resolution for your case.
What does litigation involve?
Whilst no two claims are ever the same, most claims travel through some, if not all of the following stages before reaching trial; investigation, pre-action correspondence/protocol, pleadings, case management, disclosure of documents, witness statements, expert evidence, pre-trial review and trial. There may be additional stages depending on the size and nature of your case.
Settlement of Claims
At any time during the litigation process, parties may attempt to negotiate settlement either through conducting "without prejudice" discussions or via mediation. The courts actively encourage parties to attempt settlement and can even penalise parties who fail to consider settlement opportunities. It is very common for negotiations to be carried during all stages of the litigation process and sometimes right up to the doorstep of court! There are numerous strategies which can be adopted to encourage your opponent to settle; for example offers made under Part 36 of the Civil Procedure Rules.
The Different Claims Track
Depending on the value of your claim, the court will allocate it to one of three tracks. These are as follows:-
- Small claims: All claims under £10,000 will be allocated to the small claims track, subject to special provisions for personal injury or housing disrepair claims. The small claims court does not encourage the use of solicitors and so legal costs are generally not recoverable by a successful party.
- Fast claims track: Claims of a value of between £10,000 and £25,000 and which are likely to last no more than one day at trial.
- Multi claims track: Claims with a value over £25,000
Some claims may be suitable for an alternative procedure, under Part 8 of the Civil Procedure Rules. These tend to be claims which do not have a significant dispute of facts, and can therefore be resolved without lengthy pleadings. Cases issued under the Part 8 procedure can normally be dealt with more quickly and cost effectively than regular claims, brought under the provisions of Part 7 of the Civil Procedure Rules.
Whatever the size or nature of your claim, you can be sure that we will fight your corner for you, providing you with sound, solid legal advice, and support and guidance through the litigation minefield.
If you wish to find out more about our litigation services, please contact Alison Green for further information.