Civil Litigation Solicitors

This applies when two or more people, or groups of people (parties) want compensation in the form of money or action, instead of criminal punishment. A judge decides the outcome in the courts

If you are in a dispute with another person, company or organisation and are considering taking legal action against them, you need to have the support of experienced litigators from Britton and Time Solicitors

We can help you through every stage of the process, from cost management and case management hearings to the whole pre-trial process (such as mediation, early neutral evaluation, negotiations and conciliation) and the trial itself.

Britton and Time earnt its fantastic reputation from a history of meticulous preparation and fearless commitment to our client’s cases

If you have been given bad professional advice, your reputation has suffered unfairly, or you are tied into a contract and the other party is not sticking to the terms, you may be able to claim compensation, an injunction, or declaratory relief

Whichever of these applies, you need confidential, trustworthy advice from an expert, which is where Britton and Time Solicitors can help. Our litigators boast over 40 years of knowledge and experience in helping clients resolve their disputes in a way that secures the best possible outcome. We’ll make sure you understand all your options, both in terms of your chances of success and the costs involved, including the funding arrangements available should you decide to pursue litigation.

Civil litigation cases can last from a few weeks to a few years, depending on the complexity of the case, which is why it’s so important to have the right people in your corner.

What is Civil Litigation?

Civil litigation is a broad subject which covers all disputes which, in most cases, do not involve criminal activities. Litigation will usually begin with one party bringing a claim against another, and result in damages or an injunction. Typically, the process takes the form of negotiations between the parties to settle a disagreement and either party can choose whether or not to enlist the help of the courts to settle the matter.

Unlike in criminal matters, civil litigation cases are won on the basis that one party’s evidence is simply more convincing than that of their opposition. In many cases, disputes are settled out of court between both sides to save on both costs and time.

There are many rules and regulations which govern this process and collectively, they are known as the Civil Procedure Rules 1998 (CPR). The CPR, along with case law, guides decision making for civil disputes. 

Get in touch today for a professional, cost-effective way forward

With over 40 years of experience, our friendly team will guide you through the litigation process from beginning to end

Types of Civil Litigation

You may find that you want to consider civil litigation if you are currently in a dispute regarding a contract. Are you in a position where you are waiting for a payment that was agreed, and the other party is refusing to pay? Is another party failing to uphold their obligations in a contract?

If there has been a tortious or wrongful act other than breach of contract which has caused damage, for example medical negligence or defamation – then litigation could be the best option for you.

Any property disputes can also be dealt with through civil litigation. Are you a landlord seeking to evict a tenant? Or a tenant seeking to sue your landlord for the return of a security deposit? Then perhaps consider this process. 

Civil Litigation Case Types

Compensation

Construction

Divorce and family, including financial disputes

Education

Employment

Environmental

Intellectual property (also known as IP)

Landlord and tenant disputes

Clinical negligence (also called medical negligence)

Personal Injury (also known as PI)

Product liability

Property

Skills All Our Litigators Possess

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Profound knowledge of civil litigation

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Impeccable written and oral advocacy skills

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Logical thought processes and balanced views

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Comprehension of complex legal and factual matters

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Unparallelled client relationship development

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Professional negotiation skills

How Civil Litigation Solicitors Can Help

There are many rules which govern the various civil litigation processes; there will be deadlines to meet, considerations of costs and case law to understand. While it is possible to represent yourself as a litigant in person, the burden will be on you to comply with a duty of disclosure and ensure that all forms are completed correctly.

An experienced civil litigation solicitor will know these processes, ensuring your peace of mind. They understand the court process and the individual stages in your matter and will meet with you at regular intervals to discuss your claim, taking into consideration all relevant documents to advise on the best options available to you.

They will be with you throughout every stage in your matter, from the investigations and pleadings through to the pre-trial, trial, settlement and appeal process.

Litigants in Person

This is when an individual chooses to represent themselves at Court rather than using a solicitor. For debt recovery matters, it is common to see litigants in person for small claims, however, when a claim is particularly complicated, or the value being claimed is larger (typically over £10,000), it may become cost-effective to use a solicitor.

Litigants in person must be extra careful to comply with all Court procedures and timelines as no special treatment will be given for missing these. When faced with a litigant in person, some judges will exercise a degree of leniency in terms of following Court etiquette, but this is not guaranteed, nor does it affect the procedural side of affairs.

If you are unsure of how to proceed, our expert team at Britton and Time can help

The Role of Civil Litigation Solicitors

Civil litigation solicitors act as advisors, intermediaries and mediators for their clients depending on the situation and whether a client wishes to proceed through court litigation, or settle their matter through an alternative form of dispute resolution. In the most complicated cases which go through the entire court litigation process, there are up to seven stages that a civil litigation solicitor will guide you through:

    1. PRE-CLAIM
      • Courts prefer parties to take action to resolve a dispute prior to referring a case to them
    2. STARTING THE CLAIM
      • When both parties cannot reach an agreement, it is time to start the claim
    3. PRE-COURT PROCESS
      • Both parties must fill out administrational Court paperwork and a hearing may be required. The Court will also assign a track here
    4. PROGRESSING THE CLAIM
      • The Court will issue actions for both sides to prepare, for example collecting witness statements or expert reports
    5. PRE-TRIAL
      • Similar to the pre-court process, pre-trial involves ensuring both parties have complied with the Court’s directions.
    6. TRIAL
      • The big day. The Court will pass their verdict on the claim. Many cases are settled outside of Court before this stage is reached.
    7. POST-JUDGMENT
      • One of the most important stages, this is when any judgment made at trial is enforced.

During pre-claim, a solicitor will comply with any relevant pre-action protocols and issue a pre-action letter. This essentially makes the other side aware that you are bringing a claim against them.

To start the claim, a civil litigation solicitor will file the claim form at the County Court accompanied with the ‘Particulars of Claim’. The Defendant will then have 14 days from receipt to file their admission. If they provide an intention to defend the claim, then they will have 28 days from the date of service to do so.

As your case progresses through the court, both you and the other party will have to complete a document called a ‘Directions Questionnaire’. A civil litigation solicitor will ensure that this document states where you want the case to be held, how many witnesses you intend on having and whether there is a need for expert evidence.

The court will assign your case to a ‘track’ dependant on the value of your claim. There are three types of track:

SMALL CLAIMS TRACK

Reserved for claims totalling under £10,000

Cases usually concluded within 6 months

Free phone mediation offered by the civil court

Normally claimants represent themselves, but solicitors can be instructed

Costs normally limited to Court fees and some expenses

FAST TRACK

Reserved for claims totalling over £10,000 but below £25,000

Typically takes from 30 weeks up to 1 year from start to finish

Mediation is encouraged with costs shared by both sides

Legal representation not obligatory but commonplace due to case complexity

Successful party can claim some, but not all of their costs

MULTI-TRACK

Reserved for claims totalling over £25,000

Can take 1 to 2 years for a judgment from start to finish

Mediation is encouraged with costs shared by both sides

Legal representation not obligatory but commonplace due to case complexity

Successful party can claim some, but not all of their costs

Should you instruct a solicitor, they will be in regular contact with the other side throughout the stages, normally to try to reach an earlier settlement. A civil litigation solicitor will also continuously advise you on the merits of your case, the next steps involved and the best options available to you.

For the fifth stage ‘preparation for trial’ your solicitor will ensure that a Listing Questionnaire/Pre-Trial Check List has been completed. This deals with confirmation that all directions have been complied with, it also provides any additional information necessary for trial.

A good solicitor will anticipate all possible outcomes at trial relating to both judgement and the costs and then advise you accordingly. At trial, the judge will adjudicate the facts and decide on any issues of law after hearing arguments from both sides.

Your solicitor should also consider matters post-judgment, such as enforcement. Matters relating to costs should be considered and advised to you before the litigation process commences.

How Britton and Time Can Help

There are many different stages and procedures involved in civil litigation. At Britton and Time Solicitors, we understand that this can be a taxing process, and we strive to save you the added stress of doing this work alone.

We value honesty and integrity, we fully understand what you are going through mentally or emotionally and we understand how to get you the best result.

Our knowledge of the Civil Procedure Rules and the stages involved in litigation is exceptional. Built on years of knowledge and experience, we know how to use the court process to ensure you come out with your desired result.

Your problem becomes our problemsand we endeavor to provide the best possible service to all our clients regardless of the nature of their dispute.

If you choose to instruct Britton and Time solicitors through the website, then your first consultation will be completely free of charge. We will then review the facts of your dispute and advise you on the best options available to you.

If you have a civil dispute and are considering litigation, look no further than Britton and Time Solicitors

Disputes don’t have to be resolved in Court. Britton and Time can offer extensive advice on alternatives to settle your matter amicably

If the thought of going to Court is causing you stress or you are worried the process will drag on, our dispute resolution solicitors may have other options for you that could save you time, money and upset

Many find themselves caught in a dispute on a daily basis, from a disagreement with your landlord or seeking a divorce to a probate issue. There are many ways of resolving such issues.

 

Alternative Dispute Resolution and Avoiding Court

Resolving disputes in Court is often very costly and stressful and, contrary to popular belief, not the only way to settle matters. In fact, Courts encourage parties to use other methods to resolve their issues prior to coming to them. These methods are collectively called alternative dispute resolution.

The method you should use ultimately depends on the nature of the dispute and your specific interests, but these methods include:

 

NEGOTIATION
The least formal method of dispute resolution, this is a communication process between parties via letter, telephone conversation or in person, to reach some form of agreement or compromise.

ARBITRATION
This process is similar to going to Court but carried out privately. An arbitrator listens to both sides, evaluates the evidence and produces a legally binding agreement.

LITIGATION
The standard process leading ultimately to a hearing in Court before a judge who produces a legally binding decision. Costly and time consuming, this is often the last resort.

MEDIATION
A confidential process and the most popular form of dispute resolution overseen by an impartial third party, mediation is both time and cost efficient. Mediation offers a non-binding solution and non-guaranteed solution.

MED-ARB
A combination of mediation and arbitration. Both sides agree to try and resolve their dispute through mediation and, failing this, proceed to arbitration for a binding decision.

Here at Britton and Time, we will work closely with you, to understand your individual needs and build your case by gathering evidence and witnesses to support your claim or defence. Britton and Time will always have your best interests in mind when dealing with your legal matter, we would always therefore suggest one of the above methods before resulting to litigation to save you time and costs. 

If you are looking for an alternative dispute solicitor, Britton and Time Solicitors will advise on your chances of success and estimated costs of proceeding

Benefits of Using Dispute Resolution Services

  1. SECURITY
    • Civil litigation provides several benefits to both sides involved in a dispute, most notably a legally binding decision at the end, offering both security and certainty that mediation or negotiation cannot offer. This method is favoured by parties who have a strong arguable case where the benefits of litigation outweigh the risks.

  2. QUICK RESULTS
    • Alternative dispute resolution can avoid the high cost, lengthy timelines and stress of going to Court. In some cases, such as mediation, results can be achieved in as little as 1-2 days rather than the months offered by litigation.

  3. PRIVACY
    • The flexibility offered by alternative dispute resolution is appealing to those in the commercial and business sector that cannot dedicate months of their time to one legal issue. In addition, alternative dispute resolution brings privacy to those who may not want any disputes with their involvement known to the public.

  4. EXPERTISE
    • Arbitration in particular can be extremely beneficial to those involved in a highly technical dispute, as the arbitrators will normally have an appropriate degree of expertise. This method, much like litigation, also provides a legally binding result.

Why Use Dispute Resolution Solicitors?

It is important to have someone who understands not just the litigation process, but the alternative dispute resolution procedures too. Britton and Time Solicitors have the knowledge and expertise to clearly set out the benefits and the weaknesses of each type of resolution process. We will ensure that you are well informed in order to make the best decision for your individual case. With an extensive knowledge of the rules and regulations involved in each process, you will have comfort in knowing that your case is being dealt with correctly. There can also be a great deal of paperwork and documents involved, so instructing Britton and Time will relieve the stress of completing these yourself or worrying about whether you are completing them accurately.

Why Should Someone Choose Britton and Time Solicitors for Their Dispute Resolution?

Britton and Time Solicitors are unlike any other law firm, we value quality rather than quantity. An international law firm with an extensive list of clients may seem appealing, however at Britton and Time Solicitors, we offer a personalised, client-focused approach.We understand each individual case is different from the next and we will listen to you carefully, dealing with your matter in a sensitive and appropriate manner. The best possible outcome will be achieved for you, through the most beneficial method that you are comfortable with.

With offices in London and Brighton, we have met a diverse range of clients over the years that all have different interests and preferences when it comes to the method for resolution. Our job is simply to advise you on the options available and help you to achieve a positive result. Our small practice essentially means that we are more like a family, who work extremely hard with each other to provide the highest quality legal services to the general public. With over 40 years’ experience, our knowledge of the types of disputes that can arise and how best to resolve them is extensive.

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