Litigation and Dispute Resolution
We believe that litigation should always be considered and treated as a last resort and, even then, it is not always the most appropriate course of action to take. There are various options available to a client in order to settle a dispute and we can advise on the most appropriate course of action for a client to take based on each individual case.
Our Expertise
To begin with, we will review the matter in detail, ensuring that we have the full facts before advising you on the best way to pursue the matter, either individually or on behalf of your business.
We pride ourselves on our cost transparency; making sure that our clients understand all of the implications, financial and/ or otherwise, in taking the matter further. We place ourselves into our client’s position and provide advice and a strategy based on this, becoming a trusted and integral part of your team.
Where possible, we will guide you to a resolution of a dispute amicably, and at an early stage, particularly if we think you could gain from doing so. If litigation becomes necessary, then we will ensure that your position is advanced or defended as effectively as possible.
The main stages in litigation are:
1. Before litigation starts (Pre-Action)
2. Preparing your case
3. Trial and enforcement
Before Litigation Starts
We will work with you to undertake preliminary investigations and to understand your position in full. We comply with any and all pre-action protocols and also ensure that alternative dispute resolution is considered fully, throughout the matter and at the appropriate time. We will then help you to prepare your letter of claim and assist in advising on any response received or required to be sent.
Preparing Your Case
We will assist in getting your claim started by issuing a claim form and preparing particulars of claim which will set out the alleged facts on which your claim is based. At this stage we will assess the strengths and weaknesses of any defence to your claim and will advise and assist in providing a reply to any defence.
The case management will usually be determined by the Court to include costs budgeting, disclosure and witness statements in addition to any experts reports and meetings of experts if necessary.
Trial and Enforcement
The parties will have given, to the Court, a written outline of their case before the Trial. There is one judge, who listens to all of the evidence. It is for the parties to present their evidence to the judge in the best possible way. The trial will take place in front of one judge, who’s role is not to investigate the case, but to assess the evidence put before them whilst asking questions where necessary throughout to gain a better understanding of the facts.
Following trial of the action, the judge usually takes a period of time to prepare his judgment. It is then typically delivered (known as being ‘handed down’) in court, sometimes read out by the judge and, more often, copies are made available to the parties and the public by the judge’s clerk. Once handed down, the judgment is made public.
An unsuccessful party (‘the appellant’) can appeal from a County Court to the High Court or from the High Court to the Court of Appeal, subject to permission from the lower court or appeal court. The court only grants permission to appeal if it considers that the appeal has a real prospect of success or that there is some other compelling reason for the appeal to be heard.
If a claimant is successful, they will obtain judgment in his favour. If the defendant does not pay the judgment amount, the claimant can take steps to enforce the judgment amount. The main enforcement means are:
- The High Court can order a sheriff authority to seize and sell the debtor’s (defendant’s) property.
- Third party debt orders, which redirect to the creditor (i.e. the claimant) funds owed to the debtor by a third party – for example, funds in the debtor’s (defendant’s) bank account.
- Charging orders over land or securities – this gives the claimant a charge over the defendant’s property which can be enforced in order to satisfy the judgment debt.
- Insolvency proceedings – i.e. steps taken to put a non-paying defendant company into liquidation, or bankruptcy in the case of individuals.
We can also advise you, at the commencement of your case, in relation to some practical considerations to aid the management of the litigation generally.