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WHAT IS LITIGATION?

At Willsons Solicitors we have a Litigation Department. Nowadays this is often known as a Dispute Resolution Department.  Civil Litigation or Dispute Resolution is the process by which disputes or arguments between people or businesses or other parties are resolved.

All legal disputes have to start with a cause of action.  Someone must have a right to bring an action against the other party, for example, this may stem from a Contract between two people or two companies or a statutory duty where the law means there are obligations between two parties.

There are many ways to establish a cause of action or a right to bring a claim against another.

The procedure varies dependant on the type of dispute but at the start of any type of claim you need to be able to set out to your opponent the details so that they can understand the claim and say whether they agree or disagree with your claim.

The Courts are incredibly busy at the moment and struggle to cope with the amount of claims that people bring.

The Court expects parties in any dispute to have done their very best to settle their differences or if possible settle part of their differences before going to Court. The sooner this is done the better for all parties as legal costs are very expensive when litigation is involved.

If matters cannot be agreed then proceedings may have to be issued in Court. The Court will then set a time table to bring the whole dispute before a Judge who will eventually decide who wins and who loses.

The Court’s time table will set dates for the filing of  a Defence, exchanging relevant documents,  exchanging Statements from witnesses, reports from Experts and will set out how best to get the evidence before the Court.

Your Solicitor will make ensure your claim follows court procedures and ensure that your best possible case is put before the Judge.

It is often the way in litigation that there is rarely a complete winner or a complete loser and the litigation process can become very expensive very quickly. For this reason every effort should be made to try and settle without court proceedings and even once court proceedings have been issued.

It is worth taking into account that even if you are litigating over £25,000.00 the costs could well equate to £25,000.00.  The lower the value of the claim does not mean the claim is uncomplicated and therefore cheaper.

It is vital to get the right Solicitor for your case. If you feel you have a claim or are facing a claim and would like to speak to someone about that, then please contact Lorraine Walker or Manjit Kaur-Heer on 024 76387821 or by email mkaur-heer@willsonslegal.co.uk or lwalker@willsonslegal.co.uk.

     Manjit

Lorraine Walker and Manjit Kaur-Heer of Willsons Solicitors.

 


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