What is litigation and why do I need to know?

What is ‘litigation’?

Litigation is another term for dispute resolution. When you are in a dispute with another party, a litigation solicitor will have the relevant experience to be able to assist you.

Why do I need a Litigation/Dispute Resolution Solicitor?

If you are unable to resolve the dispute, either between yourselves or through your legal representatives, you may have to issue your claim with the Court. There are a number of rules and processes that must be followed, failure to do so may lead to your claim being struck out or adverse consequences against you.

What does ‘issuing a claim’ involve?

When you decide to issue a claim, you must ensure that you have exhausted all avenues negotiation and mediation. Sometimes, the parties cannot narrow the issues between them so will need a Court to determine who has the more favourable arguments. When you issue a claim, you must send a Claim Form, your Particulars of Claim (a summary of what your claim is) and also pay the relevant issue fee.

How much is the court fee?

The Court fee is dependent on the value of your claim and can range anywhere between £25 and £10,000.

How much will it cost?

It is almost impossible to determine how much you will spend in legal fees at the outset of a matter. It will be dependent on how co-operative the other party are, your instructions, and how the case progresses. We provide an estimate of fees on a stage by stage basis so that you are aware of what is required before we incur any fees.

Can I recover any of my costs from the other party?

The general rule in litigation is that the ‘loser pays the winner’s costs’. Whether you are the Claimant or the Defendant, this rule will apply but is subject to some exceptions.

When is the best time to get advice from a solicitor?

We would always recommend speaking to a solicitor as soon as you are aware of an issue. We can offer general advice during your initial enquiry and depending on the circumstances, may be able to offer a more in depth review of your matter for a fixed fee. Whilst you may have to incur the fees of obtaining an advice at the outset, this will be cost-effective in the long-run as fees will likely be much more if we are instructed later on.

If I can assist you in any way, please email me on sarah.buxton@fta-law.com