Litigation is a method used to resolve disputes between individuals and/or companies.
Should you ever find yourself embroiled in a dispute then our team can offer you the advice and assistance you need in making or defending a claim.
We possess the requisite experience and expertise in negotiating on your behalf and if necessary, issuing/defending proceedings at the High Court or County Court depending on the nature and value of the claim being dealt with.
No case is too big or too small and our team is here to guide you every step of the way, ensuring you receive a cost effective service tailored to meet your needs.
Radshaw Solicitors can provide a thorough understanding on the different aspects of litigation and what impact it can have on yourself, your family and your future. Litigation matters require meticulous examination of every issue involved as, should your claim fail, you carry the great risk of having to pay your opponent’s legal costs. It is often a more appropriate option to resolve matters through mediation or arbitration which are usually less costly and time consuming than litigation.
Should you need any further assistance in this regard or feel as though you may have a dispute that requires an expert legal opinion to be resolved then please contact us.
0333 3445 548
Call for a no cost consultation or request a callback
We offer a free 15 minute initial consultation We will talk to you in detail about your case and consider any relevant paperwork you may have. Following your appointment we will write to you to formally advise you of your legal position and of the options for funding your case.
For further information on fees please see price transparency section.
We cannot rule out the possibility that you may be required to attend court at some stage. However, the overwhelming majority of civil disputes are settled either before court proceedings begin or before the case reaches trial.
We will be able to advise you on the merits of any settlement proposals so that you can make an informed decision as to how you wish to proceed.
However, Alternate dispute resolution and mediation is a popular way of settling disputes between parties.
Mediation can take place at any stage of the dispute. The advantages of mediation are that the parties can settle the dispute without the need of a lengthy trial which can be uncertain due to the nature of Litigation.
Mediation is also a non binding procedure on both parties. If mediation fails, it is likely that a lot of the issues in dispute may have been narrowed down and therefore will no longer be needed to be tried at court.
The length of time it will take to conclude your case depends on the nature and the complexity of the dispute. We will be able to provide you with a more specific timeline following initial consultation.
In most circumstances we are required to take certain steps before bringing court proceedings. Some types of claim are governed by specific Pre-Action Protocols; in other cases the Practice Direction — Pre-Action Conduct will apply.
Many cases can be settled without resort to litigation, and we always strive to achieve settlement where possible. Pre-action investigation and negotiation may last no more than a couple of weeks in straightforward cases but in more complex cases it may take in excess of 6 months.
If court proceedings start, the case will normally be allocated to a track, based primarily on its value and complexity. The three tracks are:
- the small claims track;
- the fast track; and
- the multi-track.
As a rough guide, a small claim will generally be concluded within 6 months and a fast track claim within 9 months, whereas multi-track claims generally take over 1 year to reach trial.
For most types of claim there is a limitation period prescribed by the Limitation Act 1980. As a rule of thumb, if you wish to bring court proceedings based on a breach of contract, you should do so within 6 years of the date on which the contract was breached, whereas a negligence claim should be brought within 6 years of the date on which you suffered loss as a result of the defendant’s lack of care. See our Personal Injury section for information on the special limitation period for personal injury claims.
However, the above time limits can be circumvented and we can advise you on limitation issues.
You may have heard people refer to the “small claims court”. This is something of a misnomer: small claims are in fact heard in the same court and by the same judges as other types of claim. They are subject to many of the same Civil Procedure Rules as other types of claim. However, there are some significant differences:
- A claim will only be allocated to the small claims track if it is a relatively straightforward matter and the financial value of the claim is not more than £10,000.
- The court will generally take a more relaxed approach to procedure in cases which have been allocated to the small claims track.
- The successful party in a small claim will not usually be awarded more than a nominal sum for his solicitor’s fees.
The last of these features was designed to make the courts more accessible to the average person, but the effect is often the reverse: because we cannot usually recover our fees from your opponent, we have no choice but to pass them on to you. Nevertheless, at Radshaw Solicitors we offer highly competitive fixed fees for small claims so that you can form a judgment at the outset as to whether your case is worth pursuing or defending.