General Litigation

General Overview

Litigation concerns anything that is going to court or about to go to court. Often the build up to litigation is as important as any hearing. The conduct of the parties, whether it is worth litigating in the first instance, the negotiations, will all be examined if your case ends up before a judge.

To get the best advice on how to manage a civil claim or a potential civil claim, please speak to us and we will guide you through the process. Time is often of the essence so if you receive a letter of claim or a claim form, please do not ignore it. Seek advice before it is too late.

In every case we try to avoid litigation where at all possible and can arrange for mediation to take place. Litigation is expensive and we will advise you on every possible way to avoid it. If the matter does proceed to court, we will provide you with the highest level of representation from start to finish. We have experience of County Court and High Court litigation cases.

Each claim is categorised in terms of value and complexity. If the value of the claim is below £10,000 it will be classified as a small claim and the successful party would only be able to claim back limited legal costs which normally only includes travel expenses and court fees. This is why it is not a good idea to instruct a solicitor to take complete conduct of a small claims matter. The legal costs can outweigh the claim itself, and the winner will not get those costs back in full. We are happy to advise you if you are unsure.

More complex claims over £10,000 in value are categorised as Fast Track or Multi Track cases. They would typically require some form of expert evidence and the final hearing would be longer as there is more evidence to consider. On these types of cases, the successful party can apply to get their legal costs back (not just court fees and travel expenses).

We are happy to talk to you through the process which is different in every case. We would of course look at the current evidence, what evidence may need to be obtained and give you an idea on the strengths and weaknesses of your case.

Litigation is often a last resort for individuals or businesses, but if communication with the other party has broken down, please speak to us. Sometimes getting a solicitor involved can help to speed up the process of negotiating a settlement. If you have to go down the road of court action, – rest assured that we provide you with support every step of the way.

 

Business

Your business may be threatened with litigation or is perhaps contemplating litigation. There is often a breach of contract that has occurred. A breakdown of communication between yourself and the other party. Gather as much evidence as possible and speak to us about the claim.

We would ask you for a copy of any written contract, the basis of a verbal contact, any evidence of a breach, the value of any loss and what communication trail you have.

We offer an initial consultation at £75 + VAT. There are no hidden costs to get the advice that you need to move forward. You don’t have to instruct us any further if you don’t need to. At least you would have peace of mind and know which direction to take. Appointments can be in person or over the telephone, whichever is more convenient for you. Due to demand, they do however need to be booked in advance.

Contact our Civil Litigation Solicitor Mounia Le Gaufey on 01707 387890 or email mlg@ewartprice.com

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