A. This is dependent on the facts of the case. It is one of the most important questions, along with funding options, and one we discuss with you in detail from the very start of the matter.
A. This will depend on the value and complexity of your claim. In most cases, if you are successful, you may be able to recover a proportion of your legal costs. However, if your claim is valued at less than £10,000, it is likely to be allocated to the Small Claims Court, where cost recovery is limited. In such cases, you would usually only recover fixed costs, your court fee, and certain out-of-pocket expenses.
A: As early as possible. The sooner you speak to us, the better positioned we are to help you protect your interests. If you have a strong claim or defence, we can guide you on the most effective way to proceed. If the position is less favourable, early advice allows us to help limit potential risks and minimise any damage.
A: Following an initial meeting, the process typically begins with a letter before claim. This letter outlines the basis of your case, what you are seeking, and gives the other party an opportunity to respond. Depending on their reply, it may then be appropriate to explore Alternative Dispute Resolution (ADR), such as mediation or negotiation. If ADR is either unsuitable or unsuccessful, the matter may then proceed to court proceedings.
A: The timescale for resolving a dispute can vary significantly. A straightforward matter may be settled amicably between the parties within a few weeks. However, if court proceedings become necessary, the process can take anywhere from three months to over a year, depending on the complexity of the case.
A: Yes, it’s important to respond. Ignoring a letter before claim could lead to court proceedings being issued against you. If you fail to respond to a formal claim, the court may enter judgment against you by default – even if you dispute the claim. Early engagement gives you the best chance to protect your position.
A: If the other party fails to respond, you will need to consider your next steps. This may include issuing court proceedings or pursuing another course of action, depending on our advice and the circumstances of your case. We can guide you through the options and help you make an informed decision.
A: In some cases, we may recommend instructing a barrister to represent you at a hearing or to provide specialist advice, particularly where the matter is more complex. We will always discuss this with you in advance and will only proceed with your agreement.
A. In some cases, you may be able to claim for distress and inconvenience, depending on the nature of the claim. However, it’s important to note that the compensation awarded under this heading is often modest.
A. Following an initial meeting, the first step is usually to send a letter before claim. This sets out your case and what you are seeking from the other party. The letter will also specify a deadline for their response, which varies depending on the type of claim. Once we receive a reply, we will advise you on the next steps and help you decide whether to continue negotiations or proceed with court proceedings.
