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Litigation
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>>> Frequently Asked Questions
(Litigation)
1.
Do I actually need a solicitor - can't I deal
with the case myself?
You
can of course choose not to instruct a solicitor.
Limited companies must be represented by a solicitor
in Court proceedings. However the law is complex
and is fast moving. Your opponent may often be
an insurance company or have appointed solicitors
to act. Your opponent may therefore be represented
by someone with specialist expertise. We would
recommend that you take legal advice and if appropriate
instruct a solicitor to act for you, particularly
if Court proceedings are likely to be necessary
or have already started. If you are representing
a child or a person who is unable to look after
their own affairs it is usually essential for
that person to be represented by a solicitor.
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2.
What is litigation?
Litigation
is a general term applied to disputes of various
types and although the term is usually applied
to cases which actually involve the issue of proceedings
in general terms it covers the situation where
parties are in dispute even though they may be
in discussion through advisers or the subject
matter of the dispute is being dealt with in correspondence.
This is contentious legal work.
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3.
What kind of disputes do you handle?
We
deal with a whole variety of disputes for both
private and company clients. These are summarised
in the Litigation Department page headed "Disputes".
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4.
Can we settle without going to Court?
Most
certainly. We encourage our clients to settle
their disputes and claims if at all possible without
going to Court. One of the overriding objectives
of the Civil Procedure Reforms in 1999 was to
encourage parties to settle claims and only resort
to issuing proceedings in Court as a last option.
Settling disputes without having to go to Court
can often save our clients a lot of money. Of
course, we would only advise clients to settle
without going to Court if the settlement terms
are reasonable and in our client's best interest.
Sometimes if the client has a strong case it is
necessary to take the matter to Court for the
client to achieve justice and the result to which
he or she is entitled to.
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5.
How long will it take?
This
is a very difficult question to answer and this
is not intended to be a typical lawyers response!
There are many different types of dispute and
within the same area every case is different.
Most cases settle without having to go to Court.
In respect of those cases where proceedings are
issued, most settle without having to go to a
hearing. Much depends upon the type of case that
you have. We will discuss your particular case
with you and try and give you the best possible
indication we can as to how long it will take.
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6.
How much will it cost me?
This
is another difficult one to answer. Again much
depends upon the type of case, the nature of the
disagreement or dispute and the way the parties
approach the case. We will give you the best possible
information we can about the likely fees of your
case at the outset and at regular intervals as
the case progresses. In some cases we can provide
initial advice by way of a fixed fee consultation
or, in respect of accident claims we can advise
you on the telephone or see you by way of first
appointment without charge. We will also discuss
with you all the funding options available including
Legal Expenses Insurance, No Win No Fee arrangements
and other funding options.
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7.
What is No Win No Fee?
If
your case has reasonable prospects of success,
we may offer to fund it on a Conditional Fee basis,
otherwise known as a No Win No Fee arrangement.
Such an arrangement particularly lends itself
to personal injury cases. See the "Accident
Claims" section of the Litigation page for
further details. We should be happy to discuss
such an arrangement with you in respect of your
case but please note that not all cases are suitable
for such an arrangement.
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8.
What are the different Courts and what do they
do?
Civil
cases, that is generally cases where one party
is looking for compensation, an injunction or
other civil remedy, are usually run in the County
Courts and High Courts. Only higher value claims
are heard in the High Court.
Criminal cases are dealt with in the Magistrates
Court or the Crown Court depending on the seriousness
of the case.
There are various tribunals that hear other cases,
for example claims for Unfair Dismissal are heard
in the Industrial Tribunal. We can advise you
and arrange to represent you in any of these courts
or tribunals.
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9.
Do I need a Barrister?
A
Barrister or "Counsel" may need to be
instructed to advise on the merits of a claim,
how much it is worth or to advise on evidence
or represent you at a hearing. The need to involve
Counsel varies from case to case and we will discuss
this with you and advise you accordingly.
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10.
Do I need an Expert?
In
some cases, for example Personal Injury claims,
an expert needs to be instructed to advise either
on liability (that is fault and responsibility)
for the accident. There are many areas upon which
we may need an expert to advise. In many cases
however expert evidence is not needed. We shall
discuss this with you in respect of your particular
case and advise you accordingly.
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11.
I do not live or work close to any of your offices.
Is this a problem?
Many
of our clients live within a 15 mile radius of
one of our offices. However we have many clients
who live much further afield around the Country.
We have clients who live abroad, as far away as
Australia. By utilising modern technology such
as e-mail, voicemail, fax, telephone and video
conference facilities we are able to conduct cases
just as efficiently when our clients live a long
way away. Your distance from us should not be
a problem but if you are concerned about this
please discuss it with us.
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