Civil Litigation Solicitors in Bloomsbury, Finchley and Hatfield
We are a firm of solicitors who specialise in civil litigation. Although we undertake other areas of work, legal disputes have always been the main and the key purpose of this firm. The majority of our lawyers are experienced litigators.
We will always try to work within your cost budget. We will discuss your budget with you at an early stage of the action. We will also discuss options for litigation finance, cost insurance cover and no win no fee or partial no win no fee arrangements.
We have very experienced litigation solicitors and consultant barristers to assist you with your case. We also use outside counsel, specialising or experienced in the relevant areas of law involved
We always consider the cost of bringing the action and how our clients can be protected against adverse cost exposure.
We will use our skill and experience to keep costs down as much as we can and to try to settle cases on reasonable terms at a relatively early stage.
If your matter is urgent, we will endeavour to meet you on the same day. We do not charge for initial telephone calls to discuss your case.
Examples of civil litigation work which we undertake are as follows.
- Applications to set aside a judgment.
- The raising and defence of summary judgment applications.
- Applications for security for costs – for instance where the claimant is a company with only limited assets or is resident overseas.
- Representation throughout the course a legal action including trial.
- Enforcement of Judgments, including via insolvency process or charging orders or examination of the judgment debtor.
- The Registration of foreign judgments.
Civil Litigation – Cost Protection
Techniques to protect clients concerning costs include: –
- Double checking the merits of disputed claims with relevant counsel before the issue of proceedings as part of a risk management exercise.
- 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.
- The use of alternative dispute resolution procedures such as mediation and/or early neutral evaluation by an independent, experienced lawyer.
- 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.
- 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.
- Alternatively limiting the claim to £25,000 which is fast track 1-day trial – this will materially reduce the cost of the proceedings.
- Where relevant, engaging newly qualified counsel at a cheaper cost, to undertake time-consuming exercises, such as preparing disclosure lists or trial bundles.
- Applying for adverse cost insurance cover.
- Applying for security for costs; in situations where permitted under Rules of Court.
Civil Litigation – Settlement of Claims
We are very successful in settlement negotiations. In particular, it is relatively rare for a claim which is mediated not to settle either 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 the Civil Procedure Rules. If this offer is not beaten at 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.
Civil Litigation – Summary Judgment
A procedure available in relevant circumstances is summary judgment where in essence there is believed to be no arguable defence to the claim. The use of the pre-action protocol process is useful to flesh out any possible defences to the claim which may be raised.
If there is a damage claim, then a summary judgment application will be for damages and interest to be assessed, and for there to be a separate remedy hearing later on to determine the relevant amounts. At the same time, an application can be made for an interim or on account payment on account of the amounts due.
Debt Collection Through Insolvency Process
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 a situation, a summary judgment application is normally the safer and better route to pursue.
A large number 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.
Contact Civil Litigation Solicitors in London and Hertfordshire
Please telephone us for an initial discussion of your case at no charge.
If your situation is urgent, we can see you on the same day. We can also set up a telephone conference with specialist counsel.
Please contact Simon Aaron, who is a partner of this firm on 0208 446 6223 or email simon.aaron@sr-law.co.uk.
We have offices in Central London, Finchley and Hatfield.
Adjoining areas to our Finchley office include Hendon, Golders Green, Woodside Park, Hampstead Garden Suburb, Hampstead, Highgate and Temple Fortune.
Adjoining areas to our Central London office include Bloomsbury, Holborn, Tottenham Court Road, Mayfair, Oxford Street and Covent Garden.
Adjoining areas to our Hatfield office include Welling Garden City, Potters Bar, Barnet, East Barnet Borehamwood and St Albans.