Dispute Resolution: FAQs

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What is Litigation?

Litigation is one of a number of methods of dispute resolution. It is a formal Court process culminating in the obtaining and enforcing of a Court Judgment in the favour of one side in the dispute.

What is Alternative Dispute Resolution (ADR)?

Whilst Litigation is probably the most well-known form of dispute resolution other forms exist. These can be used in conjunction with Litigation, or stand alone.  Due to the relative costliness of Litigation parties in dispute are encouraged to attempt to resolve their disputes in a commercially driven and co-operative way if possible. Cost penalties can be imposed by a Court on a party that unreasonably refuses to engage in ADR. Types of ADR include: Arbitration; Mediation; Early Neutral Evaluation; or Negotiation.

How long will it take and what will it cost?

Due to the broad range of matters which can be litigated it is difficult at the early stages to calculate precisely how long a matter may take or how much it will cost. These calculations are subject to variables including: Complexity of Law and Fact; Approach taken by other parties; Availability of Court time; and Willingness of parties to come to a negotiated settlement. Nonetheless your matter will be dealt with promptly and professionally.

Matters are invoiced on a ‘time spent’ basis at an hourly rate based on the experience of the solicitor used. Whilst each party is liable for their legal costs usually they can be recovered, at least in part, from the unsuccessful party.

We will provide you with a cost estimate and update you at various stages throughout the process. Some instructions are undertaken on a ‘Fixed Fee’ basis which can provide certainty with regards to costs. Ask us for details.

What is Enforcement?

Once a Judgment has been obtained, if the unsuccessful party does not comply it can be ‘forced’ to comply by taking further steps through the Courts. These further steps are called Enforcement.

The method of Enforcement will depend on the nature of the Judgment. If money is owed, for example, then the options for Enforcement may include the following:

  1. Writ or Warrant to take control of goods

  2. A charge against a property leading to an Order for Sale

  3. An Order for earnings to be directed to the successful party until the debt is cleared.

Why should I instruct solicitors?

Our solicitors use their expertise to advise clients every day on the most cost effective way to pursue or settle disputes. Objective analysis of a dispute is invaluable where significant costs could otherwise be incurred.

To some the prospect of Litigation is too intimidating to carry through. We can support you as you progress, or alternatively take conduct of the running of the case. This can take the stress out of the process.

The nature of your instructions to us can be tailored to your specific requirements and can be limited to an initial consultation or to run the case from start to finish, or anywhere in between.

What areas of Law do you specialise in?

Our Dispute Resolutioin team specialise in the following areas of law:

  • Debt recovery
  • Contract
  • Negligence, including professional negligence
  • Housing and landlord and tenant
  • Commercial and corporate disputes including shareholder disputes
  • Contested probate - including inheritance claims

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