Civil Litigation
the act, process, or practice of settling a dispute in a court of law
Our expertise is conflict resolution in both the private and commercial sector. We will help you navigate the minefield that is civil litigation and its maze of rules within the civil procedure framework, in order to best protect your interests.
Trespass
Defamation
Harassment
Debt Recovery
Trusts of Land
Discrimination
Private Nuisance
Misrepresentation
Probate Disputes
Boundary Disputes
Party Wall Disputes
Contractual Disputes
Torts (Interference with Goods)
Freehold and Leasehold Disputes
Company and Shareholder Disputes
IN AN IDEAL WORLD we would all get along. Unfortunately however, the world is far from ideal, and disputes can arise for all manner of reasons. Whilst some disputes will be resolved, via compromise or an admission of fault, all too often many will not and if managed incorrectly can spiral out of control.
You may have considered trying to handle the matter yourself, to save costs, but we would warn against this. Given the specialist nature of litigation it is all too easy to make mistakes, increasing legal costs in the long run. Emotions frequently run high during conflict, which can cloud your judgement. It can be difficult to realistically assess your own weaknesses, or gauge the real strengths of the other party’s arguments due to threats, deception or a perceived sense of injustice.
The UK court system is seriously backlogged, with many cases taking over a year to reach trial.
Whilst the general principle is that the loser pays the winner’s legal costs, there have been substantial changes in the law to limit how much in legal fees are actually recoverable. As such, parties are STRONGLY ADVISED to make genuine attempts to settle matters out of court.
Parties who fail to heed that warning will be at risk of costs penalties, regardless of whether they win or lose at trial.
BEFORE YOU PROCEED, it is vital that you obtain the right legal advice as early as possible. Failure to do this can have severe consequences. We are shrewd and experienced; we will thoroughly analyse your matter and provide an objective assessment so you are making an informed decision, however you choose to proceed.
Put your mind at rest and let us take the reins. We have expert knowledge on the Civil Procedure Rules and will vigorously pursue your interests, whether you are on the offence or defence. Do NOT delay; it is not enough to instruct solicitors once a matter has reached court. By that time you could have already jeopardised your case, which could lead to us having to apply to amend any pleadings.
To maximise your chances of success you need to have a well-planned, EFFECTIVE strategy at the first sign that a dispute has arisen.
This includes:
*Making sure the matter is not time-barred
*Checking that the damages or relief sought are proportionate to the costs that will be incurred in taking the matter to court.
*Considering ALL of the available evidence at your disposal, that supports and undermines your case.
*Assuming that all communications between the parties will at some stage be viewed by a judge.
*Compiling statements from all relevant witnesses at the earliest opportunity.
*Proposing tactical ‘Part 36’ offers to settle, to pressure the other side on the issue of costs penalties.
A well-planned strategy is necessary for successful litigation. Contact us now without further delay to protect your interests!
Our Services
*Pre-Action Letters
*Alternative Dispute Resolution (Arbitration and Mediation)
*Statements of Case (Claim Form, Particulars of Claim etc)
*Court Forms and Directions
*Disclosure (Reviewing and Collating Documents)
*Obtaining Expert Opinions
*Witness Statements
*Interim Applications
*Injunctions
*Costs (Budgets and Statements)
*Trial Bundles
*Enforcement of Judgments (Charging Orders, Third Party Debt Orders etc)
*Appeals
Whilst the litigation process is undoubtedly stressful, lay your burdens on us, and rest assured we will provide practical guidance and manage the entire litigation process on your behalf for a comprehensive, competent, cost effective service.
