Resources
We are committed to providing an ethical and responsible approach to litigation. This includes at all times being open, honest and fair in our conduct so as to provide you with the very best legal representation.
On this page, we provide a brief introduction to Civil Litigation, a guide to Alternative Dispute Resolution, Resources for Litigants in Person and lastly but far from least, a list of mental health charities. Please note however, we cannot accept responsibility for third party content such as information contained on other websites.
What is Civil Litigation and are there any Alternatives?
All parties to Civil Litigation are legally bound to consider Alternative Dispute Resolution (ADR) which is written into paragraphs 8 - 10 of the Pre-Action Protocol:
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"[8] Litigation should be a last resort. As part of a relevant pre-action protocol or this Practice Direction, the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings."
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Failure to consider ADR will result in serious cost sanctions being imposed by the courts which can make for a bitter-sweet victory or an even more crushing defeat.
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Civil litigation is a form of dispute resolution where opposing legal arguments, facts and expert opinions are tested against each other in advance of a trial at which, the pleaded issues are determined and the judge will issue a remedy whether it be damages, specific performance or some other relief.
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Civil litigation is distinct from 'Criminal Law' in the sense (and as the name implies) it is not meant to be confrontational or combative. A party that loses at trial is generally not found 'guilty' and a breach of a contractual clause should not be equated to committing a crime. Instead, all parties to civil litigation are bound by the Civil Procedure Rules (CPR) the overriding objective of which requires them to assist the court in dealing "with a case justly and at proportionate cost." A copy of the overriding objective and the Civil Procedure Rules can be viewed by clicking here.
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During Civil Litigation, the parties are required to keep a 'cards on the table' approach and disclose relevant documents in advance that may or may not harm their own case and/or assist their opponent. Witness Evidence is exchanged in advance of the trial so all parties are aware of what their opponents will say. Equally, expert reports are exchanged in advance of trial so no party can 'ambush' the other and in most cases, the parties will be required to use the same i.e. 'a joint' expert.
Do not let a Financial Opportunity Pass You By
Settle on Your Own Terms or the Courts?
Alternative Dispute Resolution (ADR):
Civil Litigation can be expensive and depending on what 'track' your dispute is allocated to, the parties can be locked in arms for anywhere between 6 months >3 years. Fortunately, there are alternatives.
ADR in England & Wales includes but is not limited to: Negotiation, Mediation, Conciliation, Early Neutral Evaluation, Expert Determination, Adjudication, and Arbitration.
Scroll across below to find out more. to find out more.
Negotiation
Negotiation is the most common and cost effective form of ADR utilised before, during and in some cases, after litigation (such as when considering an appeal). This involves the parties undertaking to reach settlement of the matters in dispute through discussion without the assistance of a third party.
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To allow the parties to negotiate in 'good faith' the law allows them to negotiate and settle 'without prejudice'. When in correspondence a document is marked 'without prejudice' or such a statement is made during a conversation, it means that what follows is confidential and the recipient is legally prevented from disclosing it to a judge/court in advance of judgement. This allows the parties to discuss/admit the strengths and weakness of their case without fear of reprisals and to put forward offers of settlement which are reflective of the risk.
E.g. Following a without prejudice discussion, the Paying Party makes an offer of settlement which is 65% of what the Receiving Party has claimed for. If that offer is accepted, the dispute comes to an end and neither party (unless it has done so in writing) has accepted fault.
Advantages of Negotiation.
Flexible, informal and private: Negotiation can save time and costs associated with other forms of ADR.
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No Additional Costs: Parties can do it themselves and their lawyers are required to negotiate by law.
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Retain Control: The parties retain full control as no independent person need be appointed. They can begin and end discussions at any time.
How Can We Help?
A civil dispute is regretfully a game of risk insofar as there is always a risk that you will not succeed and will have expended further time and resources in a dispute that has thrown good money after bad. We have experience in all forms of ADR and whether you are a commercial entity, an individual or a litigant in person seeking confidential legal advice, we can assist you with:
Document Review
Drafting & Advice
We can review, draft and advise on documentation including contracts, insurance, pleadings, correspondence and offers of settlement. Thereafter we can advise you on the merits of your case, quantum and the most suitable form of ADR
Expert Recommendation
Whether your dispute is clinical, commercial or construction we can provide you with a list of affordable & effective experts. They can provide you with an early evaluation or act for you in litigation and/or ADR.
Negotiation & Mediation
We utilise all forms of ADR promoting the benefits of intense negotiation and facilitative mediation in particular. Over >80% of our disputes end in a negotiated settlement and the remainder succeed at trial which enjoy the advantages of cost protection.
Access to Justice is a Right
Not a Privilege
Litigants In Person.
Resources & Support
Every adult in England & Wales of sound mind and body has the right to represent themselves in a court of law.
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While we would always recommend that you seek independent legal advice and/or representation there are resources available to assist you through the court process to resolution of your dispute.
A Litigant In Person is an individual, company or organisation whom has to go to court without the benefit of legal representation from a solicitor or barrister.
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A solicitor or other legal professional instructed against a litigant in person cannot provide them legal advice as they must act in their client's best interest. However, there are resources available to support litigants in person which can narrow the issues in dispute and save time and cost correcting procedural errors.
It is the practice of this office to always recommend to litigants in person the following:
COURTS' HANDBOOK
FOR LITIGANTS IN PERSON
"Access to Justice is a Right not a privilege".
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A handbook for litigants in person has been written and edited by 6 Honorable members of the Judiciary. The handbook provides guidance to the court process, the CPR and common legal language.
A copy can be downloaded by clicking below.
CITIZENS ADVICE BUREAU
"We help people find a way forward."
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The Citizens Advice Bureau is a network of independent charities that offers confidential legal advice online, over the phone and in person for free. They provide a range of services from a consumer helpline, witness service and pension guidance. Access their website by clicking below:
SUPPORT THROUGH COURT
"We ensure people facing court alone can represent themselves with dignity, supporting them so they have the fairest possible hearing."
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Support Through Court offers non-legal support and guidance before, during and after court. Any dispute is stressful but sound minds settle their dispute. Access their website by clicking below:
ADVICENOW
"Boost your knowledge, confidence and skill."
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AdviceNow is an independent, not-for-profit website run by the charity 'Law for Life: the Foundation for Public Legal Education'. It provides practical guidance on the court process to help individuals represent themselves at court hearings. Access their website by clicking below:
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** Please Note, the above imagery is our own artistic license. To our knowledge Support Through Court does not offer Yoga lessons and the Handbook is a lot thicker than that. Regardless, we would always recommend the aforementioned to any litigant in person. **
"You don’t have to control your thoughts. You just have to stop letting them control you."
Your Mental Health
Resources & Support
Whether you are a Litigant In Person, Solicitor-Advocate, Barrister, Partner in a multi-practice Law Firm, in a boundary dispute with your neighbors, a cross-jurisdictional shipping dispute or a negligence claim resulting in a death, your greatest asset is your ability to reason.
This office makes no distinction between the importance of 'mental health' and 'physical wellbeing' such as a physical injury at work or a scar received from an accident or assault.
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Gavin Renwick as part of his Occupational Health, Clinical Negligence, Personal Injury & Industrial Disease work has represented people suffering from fatal and life changing injuries which includes mental injuries arising from brain damage, physical abuse and long term stress at work.
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While passionate about litigation we are committed to high ethical standards and this includes not only a pro-active commitment to utilising ADR while seeking the most advantageous settlement for our client but by providing the best possible representation for our clients. This is achieved by upholding the standards of the legal profession and by treating all people with dignity and fairness, whether they be saints or congenital liars.
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In support of this, we are pleased to recommend the following resources and charities:
Please click on any of the below boxes to be directed to that organisations website.
Rape Crisis England & Wales is the charity working to end secual violance and abuse
M A K E A N E N Q U I R Y
Should you have any questions regarding the resources in this section then please fill out the form below and title it 'Resources' in the message section.
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