Litigation

At Sampson Cuthbert, we provide robust litigation services to resolve commercial disputes efficiently. Our litigation team has extensive experience in handling complex cases across various industries.

We represent clients in court, arbitration, and mediation, offering strategic advice and vigorous advocacy. Our services include breach of contract disputes, shareholder conflicts, intellectual property issues, and more. We work closely with our Corporate & Commercial team on related matters.

We aim to resolve disputes swiftly and favorably, minimizing disruption to your business operations. With Sampson Cuthbert, you can expect dedicated legal representation and a commitment to achieving the best possible outcome for your case. Where a commercial dispute also carries a risk of prosecution, our Criminal Law defence team can advise in parallel. To begin, please contact us.

Litigation is a commercial decision before it is a legal one. We quantify what a dispute is worth, and what it will cost to pursue, before proceedings are issued.

Dispute Types

We act in breach of contract and warranty claims, shareholder and partnership disputes, professional negligence, debt recovery, injunctive relief, and claims involving confidential information or restrictive covenants.

The forum depends on value and complexity. Lower-value claims are allocated to the fast track with fixed costs, while substantial commercial matters proceed in the Business and Property Courts. Many contracts specify arbitration instead, which is private and usually final, with only very limited grounds of appeal.

Strategy and Early Assessment

Every matter starts with an assessment of the merits, the recoverable sum, the likely costs to trial, and whether the other side could actually satisfy a judgment. A claim against a party without assets is rarely worth funding, however strong it looks.

Pre-action conduct is governed by the Practice Direction, and parties are expected to exchange information and consider alternative dispute resolution before issuing. Unreasonably refusing mediation can be penalised in costs even by a winning party, so we advise on settlement options at every stage rather than only at the door of the court.

Conduct of Proceedings

Once proceedings are issued we manage statements of case, disclosure, witness evidence, expert evidence and trial preparation, keeping costs budgets under review as the case develops. Court procedure and fees are published by HM Courts and Tribunals Service.

Disclosure is usually the largest single cost in commercial litigation, so we scope it early and use targeted searches rather than reviewing everything. Where a dispute arises from a transaction, we work with our Corporate and Commercial team, and with our Criminal Law team where conduct may also be under investigation.

Why choose us

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Personalized legal solutions tailored to your case.

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Clear, reliable advice for every legal challenge.

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Expert representation to secure favorable outcomes.

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Skilled professionals ready to handle your legal needs.

Frequently Asked Questions

Civil Litigation is the legal process used to resolve non-criminal disputes between individuals or organizations. It aims to achieve compensation (damages) or a specific action (injunction) through negotiation or a formal court trial, covering areas like contract, property, and professional negligence.

This deadline is strict and varies by dispute type. For most contract and debt claims, it is 6 years from the date the breach occurred. For certain personal injury claims, it is typically 3 years. It is crucial to contact us immediately to assess your deadline.

The first step is sending a formal Letter Before Action (LBA) to the other party. This letter details the claim, the legal basis, the amount sought, and a deadline for settlement, adhering to mandatory pre-action protocols before court proceedings can be issued.

The process typically includes Pre-Action Protocols (negotiation via LBA), Issuing Proceedings (filing documents with the court), Disclosure (exchanging evidence), Witness Statements, and finally, the Trial (hearing) or settlement. We provide guidance at every stage.

No. The vast majority of civil disputes are resolved out of court through skilled negotiation, mediation, or other forms of Alternative Dispute Resolution (ADR). We are strategic negotiators committed to achieving an efficient settlement whenever possible.

Mediation is a structured process where a neutral third party helps the disputing parties negotiate a mutually acceptable settlement. The court encourages it as it saves significant time and cost, is confidential, and allows the parties to control the outcome.

Disclosure is the mandatory phase where both parties exchange all documents that are relevant to the dispute. This includes emails, letters, contracts, and internal memos. Failure to disclose documents that harm your case can result in severe court sanctions.

The general rule is that 'costs follow the event', meaning the loser pays the winner's legal costs. However, the court usually awards only a percentage of the winner's total costs, and conduct during the litigation can significantly impact this calculation.

A Freezing Order is an urgent court order preventing a party from dissipating (hiding or transferring) assets, ensuring funds are available if you win the claim. An Injunction is a court order compelling a party to do or refrain from doing a specific act (e.g., stopping a breach of contract).

This occurs when a professional (e.g., solicitor, accountant, surveyor) fails to perform their duties to the standard expected of their profession, causing you a direct financial loss. We specialize in complex claims against professionals.

We use various enforcement methods, including securing a Charging Order over the debtor's property, instructing Enforcement Agents (bailiffs) to seize assets, or obtaining a Third Party Debt Order to take money owed to the debtor from their bank account.

You need factual evidence (contracts, correspondence, invoices), evidence of the resulting loss (bank statements, financial reports), and often Expert Evidence (opinions from engineers, doctors, or valuers) to support your position.

Yes, many types of claims, particularly debt recovery and professional negligence, may be suitable for a Conditional Fee Agreement (CFA), subject to a case assessment. We also explore Litigation Funding and After The Event (ATE) Insurance options.

The primary risks are having to pay your own solicitor's costs and potentially a significant portion of the opponent's legal costs. We thoroughly assess the risks and utilize insurance/funding options to mitigate your personal exposure.

Do not communicate further with the opposing party without legal advice. Contact us immediately for a confidential case review. We will protect your position, assess the Limitation Period, and advise on the most cost-effective strategy to resolve the dispute.