Civil Litigation SolicitorsThis 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. FIND OUT MORE
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 person/people are 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.
Types of civil litigation:
- Divorce and family, including financial disputes
- Education law
- Intellectual Property (also known as IP)
- Landlord and tenant disputes
- Clinical negligence (also called medical negligence)
- Personal Injury (also known as PI)
- Product liability
Skills all our litigators possess:
- In-depth knowledge of substantive law relevant to your case
- Impeccable written and oral advocacy skills
- A logical thought process
- Comprehension of complex legal and factual materials
- The understanding and ability to undertake complex legal research
- The ability to develop a relationship with clients
- Negotiation skills when needed
Get in touch today for a professional, cost-effective way forward.
What is civil litigation?
Civil litigation is the resolving of non-criminal disputes, by using the court process. It will usually begin with one party bringing a claim against another, and result in damages or an injunction.
There are many rules and regulations which govern this process, some of which you may already be familiar with. For example, you may have heard of someone referring to the ‘CPR’ – this is the Civil Procedure Rules 1998. The CPR along with case law, guides decision making for civil disputes.
What are the different 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.
So how can a solicitor help you?
As already outlined, there are many rules which govern this process. There will be deadlines to meet, considerations of costs and case law to understand. You will have to comply with a duty of disclosure and ensure that all forms are completed correctly.
A civil litigation solicitor already has the knowledge of all the above, so you will not have to worry about doing any of these incorrectly. They understand the court process and the individual stages in your matter. A civil litigation solicitor will meet with you and discuss your claim, consider all relevant documents and advise on the best option for 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.
What does a civil litigation solicitor do?
There are seven main stages to the civil litigation process:
- Before starting the claim;
- Starting the claim;
- Progress through the court;
- Moving the claim on;
- Preparation for trial;
- Trial; and,
- After judgement
For the first stage, before starting the 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’. There are three types of tracks in which your case can be assigned to. These are:
• Fast Track
• Multi track
• Small Claims Track
The track chosen for you typically depends on the monetary value of your claim. For example, if your claim is under £10,000 then it will usually be issued in the small claims. For claims more than this amount but less than £25,000 they will be assigned to the fast track, if over £25,000 then the multi-track.
Throughout all these stages, your solicitor will be in regular contact with the other side, particularly in terms of reaching 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.
A good solicitor should also consider matters after judgement, such as enforcement. Matters relating to costs should be considered and advised to you before the litigation process commences.
Why do you need Britton and Time as your solicitors?
From reading the above, it is clear to see there are many different stages and procedures involved in civil litigation. At Britton and Time solicitors, we understand that this is already a stressful enough situation for you to be in, so we 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.
DISPUTE RESOLUTION SOLICITORS
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.
Do I have to go to court? Or is there another way of resolving my dispute?
Legally speaking, the one form of dispute resolution that always springs to parties’ minds is civil litigation, which involves using the court process to settle a matter. What should be made apparent however, is that this process is often very costly, and it is not the only option available to you. The laws that govern dispute resolution encourage parties to consider using other methods to resolve their issues, before commencing proceedings in the court.
The type of procedure you should use ultimately depends on the nature of the dispute and your specific interests. The other forms of dispute resolution include:
1. Negotiation – This is perhaps the least formal method of dispute resolution. It is a communication process between parties for example via letter, telephone conversation or in person, to reach some form of agreement or compromise.
2. Mediation – This confidential process can be considered to be the most popular form of alternative dispute resolution. Perhaps this process is most desirable due to its efficiency in both time and costs. Mediation is also subject to ‘without prejudice’ privilege. The ‘mediator’ will be an impartial third party, who has no authority to make a binding decision on the parties. If an agreement is not reached, it can therefore be seen to be a waste of time.
3. Arbitration – This method does however result in a binding decision. In terms of the process, it is very similar to the courts with the main difference being that it is private. Similar to litigation, an arbitrator will listen to both parties’ arguments, evaluate the evidence before them and then will make a binding decision.
4. Med-arb – As the same suggests, this is a combination of both mediation and arbitration. Parties will agree to firstly try to resolve their dispute through mediation, failing this, the matter will move onto arbitration where a binding decision will be reached.
5. Litigation – Similar to arbitration, your case will be put before a judge who will then make a legally 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. However, if you cannot reach an agreement, we will then proceed with this process.
What are the benefits of using a dispute resolution service?
This adversarial system provides many benefits to parties seeking to resolve a dispute. Perhaps the most appealing element to this is the legally binding decision at the end. There is security and certainty that an outcome will be achieved with litigation, that you do not have with methods such as mediation or negotiation. This is of interest to parties who have a strong arguable case, so the benefit of litigation outweighs the risk.
Alternative Dispute Resolution
The difficulty with litigation is that it can be extremely costly and can take a long period of time. Avoiding this, are the main benefits of alternative dispute resolution, particularly methods such as mediation which can take only up to 1-2 days rather than months.
This flexibility 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.
Arbitration can be extremely beneficial to those involved in a highly technical dispute, as the arbitrators will have an appropriate degree of expertise. This method, much like litigation, also provides a legally binding result.
Why do people 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, you are much more than just another client. At our firm we understand that each individual case is completely different from the next, we will listen to you carefully and deal 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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