Civil Litigation Solicitors in Bloomsbury, Finchley and Hatfield

Techniques to protect clients concerning costs include: –

1. Double checking the merits of disputed claims with relevant counsel before the issue of proceedings as part of a risk management exercise.
2. Endeavouring to settle the claim through the use of the mandatory pre-action protocol procedure. This involves the exchange of the letters of claim and letters of response and also the exchange of information between the parties.
3. The use of alternative dispute resolution procedures such as mediation and/or early neutral evaluation by an independent, experienced lawyer.
4. Checking whether the client has the benefit of legal expense insurance cover to cover the claim, and where required submitting claims for cover for our clients, which is normally best to be supported by favourable (51%) advice from counsel. Indeed, we are regularly appointed as by legal expense insurers to represent the party under the policy.
5. Were relevant limiting the claim to £10,000 -which is the small claims jurisdiction with a general position that each party will bear their own legal cost whatever the outcome of the case– with limited exceptions
6. Alternatively limiting the claimant to £25,000 which is fast track 1-day trial -this will materially reduce the cost of the proceedings.
7. Where relevant, engaging newly qualified counsel- at a cheaper cost, to undertake time-consuming exercises, such as preparing disclosure lists or trial bundles.
8. Applying for adverse cost insurance cover.
9. Applying for security for costs; in situations where permitted under Rules of Court.

We are reasonably successful in settlement negotiations. In particular, it is relatively rare for a claim which is mediated not to settle ether at the mediation appointment or shortly afterwards.

There are other techniques to protect a client as to costs by using offers of settlement under part 36 of Civil Procedure Rules. If this offer is not beaten a trial the other side will be responsible for the legal costs of the action 21 days from the date of making the Part 36 offer. There are also other beneficial consequences resulting from the making of part 36 offers. It is always good practice to take advice from legal counsel once a part 36 offer has been made by the opponent since the consequence of not beating a Part 36 offer can be financially disastrous.

Is it quite normal to respond to a part 36 offer with your own counterproposal made under Part 36 of the Civil Procedure Rules.

This may result in a continued exchange of Part 36 offers until an agreement is reached.

We work closely with counsel in relation to any proceedings. This is to ensure that the matter proceeds upon the basis of the best possible manner.

If the claim is for a liquidated or fixed monetary amount, for which there is no arguable dispute, then the insolvency route may also be considered. This, however, may be a dangerous choice if a claim is disputed or a counter or cross-claimed is raised, and in such situation, a summary judgment application is normally the safer and better route to pursue.

A large amount of adverse costs may be incurred with no result if the opponent establishes an arguable defence to the satisfaction of the Court.
Indeed a core area of the work of this firm is defending clients as against statutory demands and also as against winding up and bankruptcy petitions.