Litigation consists of the act or process of bringing or contesting a legal action through the Courts.
Whether you are an individual or a business, we can assist you in resolving your dispute. Our solicitors can competently advise you on the best way to address claims, whether as Defendant or Claimant both in civil and commercial disputes.
Drawing upon our experience in defending and bringing proceedings enables us to anticipate the position likely to be adopted by your opponent(s).
Litigation can be a lengthy and expensive process and with this in mind, we will discuss the merits of the case with you at the outset to establish what the best course of action will be for you, having regard to your personal circumstances, the likely outcome, recovery from the other side, and costs involved.
Dispute Resolution includes various forms of alternative dispute resolution such as mediation, arbitration, appointment of a single joint expert or simply a “without prejudice” round table conference with your
opponent(s). Where appropriate, we will suggest the most appropriate form of ADR, though very often these alternative ways of resolving disputes will require some measure of co-operation from your opponent(s).
Where ADR cannot be pursued, we will draw upon our abilities and experience to pursue or defend the claim through use of the Court process. Proceedings may take place in the County Court, High Court and possibly on to the Court of Appeal. We will advise you on the conduct and process involved in dealing with your matter so that you understand what is involved and how best to address the issues you face.
Dispute may arise in various areas, including:
- Contract disputes
- Partnership disputes
- Intellectual property disputes, such as passing off, copyright infringement, trademark infringement
- Professional negligence claims
- Inheritance disputes/probate claims
- Commercial agency disputes
- Disputes in reference to goods which might include ownership disputes, retention of title, claims for damages on conversion of goods
- Landlord and tenant disputes
- Debt collection
- Building/construction disputes
- Property disputes
- Boundary disputes
- Injunctions, including harassment claims
- Defamation claims
- Claims for a breach of trust
Once proceedings have been concluded and in the event that costs are awarded, we will assist in the costs assessment process and explain to you the various methods of enforcing payment from the other side. You will be advised at an early stage that full costs recovery is not always possible by virtue of the nature and process of assessment of costs which are usually awarded on what is referred to as the “standard basis”. For this reason we usually advise that a Part 36 Offer should be made early in proceedings, where appropriate, so as to shift the costs onus to your opponent.
It is in our interests to ensure that your interests are best served and we therefore look forward to receiving comprehensive instruction and detailed provision of information to enable us to best advise you.
To arrange a consultation or for more information, please contact us by telephone or email, details of which can be found on our “Contact Us” page.