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.