Northampton Solicitors

Commercial disputes faq’s from Northampton litigation Solicitors

How do I go about pursuing a legal claim against someone ?

1.      Establish whether you have any basis for your claim through research and consultation with a solicitor specialising in commercial disputes and litigation.

2.      Send a formal recorded letter to the other party through your solicitor notifying them of your intention to pursue a legal claim against them.

3.      Give the other party a chance to come to a settlement with you.

4.      If you fail to arrive at a settlement, you might want to consider using Alternate Dispute Resolution (arbitration and mediation) to settle your claim because it is cheaper, quicker and allows you to keep sensitive information private.

5.      If Alternate Dispute Resolution fails or you are set on pursuing a claim through the courts, you will need to make an application to relevant courts.  You should start a claim in the county courts, and there are three different tracks:

• Small Claims – for claims up to £5000
• Fast Track – for claims between £5000 and £25000
• Multi Track – for claims larger than £25000

6.      Wait for your hearing date, which can vary according to the Track you have applied to. Bear in mind that waiting times can vary considerably according to current case loads. Generally speaking, waiting times are as follows:

• Small Claims – usually up a couple of months
• Fast Track – six to twelve months
• Multi Track – twelve months to a year

7.      Prior to the hearing (even with small claims) you must exchange witnesses with the other side.

Will I have to pay your costs if I do not win the case ?

If Northampton litigation lawyers agree to take on your case under a Conditional Fee Agreement (commonly referred to as “no win no fee”), you will not have to pay our legal  costs.  However, depending on the content of the agreement, you may have to pay the other side’s costs unless you have insurance to cover the costs.  You can take out a one time premium to do this and some types of insurance (such as home and contents) may cover for this – double check with your provider.

What should I do if someone puts in a legal claim against me ?

Regardless of the issue, you should take the claim seriously.  Tackling claims earlier can minimise the costs and time involved in the case as you might be able to settle out of court through arbitration or mediation.  You should also seek legal advice from a solicitor to find out exactly where you stand and plan the best course of action, whether that’s trying to settle out of court or put in a counter-claim.

Do I have to give information to the other side upon their request ?

At the appropriate stage of the case, known as discovery or disclosure each party will have to give information, whether it harms their case or not if it is relevant to the case and whether the amount and quality of information requested is proportional i.e. reasonable.  If the other side asked for extensive final information (say over the past decade) for a case being heard in Small Claims, that might be considered unreasonable/disproportionate.

Please return to the main commercial litigation solicitors Northampton page.