Civil law governs the relationships and disputes between members of any community that are not related to criminal, military or religious affairs and grants individuals their rights to sue for compensation, or for specific action to be taken, in matters such as breach of contract, misrepresentation or negligence.
Civil disputes can arise between respective parties who are seeking remedy for a non-criminal dispute, but who are failing to reach an agreed outcome.
Civil litigation, or civil dispute resolution, is the process of enforcing legal rights or contractual terms and involves offering advice and guidance to the respective parties with a view to avoiding litigation. This is administered by a civil dispute lawyer from the initial discussions through to the enforcements of any judgement after a formal court or arbitration process.
In more recent times there has been more emphasis placed on parties to resolve disputes by using Alternative Dispute Resolution (ADR) or to mediate the issue. Going to court is now regarded as a last resort.
Before issuing court proceedings, the court will expect the parties to follow pre-action protocol. These are the steps that parties are expected to take in particular types of dispute to seek information prior to making a legal claim. The protocols entail setting out the claim in detail to the other party or parties in an attempt to negotiate a settlement without the need to involve a court hearing. This can often be quite detailed and time consuming and is therefore something our team of civil litigation solicitors at Sarah Waddington Solicitors can assist you with to ensure that you follow the correct procedure.
The emphasis is placed on co-operation of all parties to identify the main issues. Failure to co-operate could lead to penalties, regardless of the eventual outcome of the case, so these steps are extremely important and should therefore not be overlooked.
However, it is not always possible for the case to be resolved via alternative dispute resolution and sometimes it is still necessary for the court to hear the case if the parties cannot reach an acceptable resolution. However, both the Defendant and Claimant can continue to negotiate and try to reach an agreement right up until the moment before the court hearing begins. Both parties should be aware that the longer the dispute resolution goes on, the higher the legal fees will be for both. This can often be the sound of reason for one or both parties to come to some agreement, sooner rather than later.
We will be on hand to advise and assist you through constructing your defence and making your claim in court proceedings and beyond if necessary if required.
Why Use Civil Litigation Solicitors?
If the matter goes to trial, we will ensure that you have the best possible representation, subject to budget, fighting your corner. It should be remembered that not all civil dispute cases go to a full trial. It is important to be aware that litigation is an uncertain and expensive process. Even if you win your case, there are no guarantees that you will recover the sum that has been claimed or all of your costs because the court may not award them all or the other party may not have the means to pay.
Sarah Waddington Solicitors are on hand every step of the process to help navigate what can often be a daunting experience of litigation and dispute resolution with complex rules and protocols.
We are dedicated to helping you to achieve the best outcome irrespective of the size of your claim.
We offer our clients advice in the following areas
• Criminal Injuries Compensation Claims.
• Personal Injury Claims.
• Road Traffic Accidents.
• Fatal Accidents.
• Work related diseases.
• Accidents at work.
• Slips and Trips.
• Hearing Loss.
‘No Win – No Fee’ Agreements
We may be able to offer a ‘no win no fee’ agreement on consumer disputes, depending on the case in hand. Call us today without further delay to make an appointment or to discuss civil dispute resolution matters with one of our experienced team of civil litigation solicitors. Remember that often there are time limits involved in bringing a claim under the Statute of Limitations so it is important to get the best advice you can, from the earliest possible stage, to ensure that you are not time barred from making your claim.