Litigation

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.