(Litigation)

1. Do I actually need a solicitor - cant 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 and Dispute Resolution 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 clients 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.

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.

Law Office of Tanya Gendelman