Advising in taking the best legal action
Our litigation solicitors take a practical and an innovative approach and where possible we, make every effort to avoid commencing court proceedings. In addition to this, we make every effort not to prolong matters and we attempt to find an immediate and commercial solution. However, we appreciate that certain situations may require litigation.
We manage all stages of the litigation process, from the investigation, pleadings, and discovery, through the pre-trial, trial, settlement, and appeal processes.
We are robust commercial litigators with experience of dealing with a number of complex litigation matters. These range from contractual claims to construction disputes. We work with you closely to gain an understanding of your business and personal objectives and to help you minimise risk to your business.
The tasks that must be undertaken can vary based on the nature of your dispute and also depends on whether you are the claimant or the defendant.
In addition to litigation, you can rely on our experience and expertise in negotiating with the other party to settle the matter by way of Alternative Dispute Resolution or during ongoing litigation. This is usually a quicker and cost-effective way to settle matters.
If you are experiencing any problems or require any information, please do not hesitate to contact us for any legal advice.
Common areas of dispute in the commercial sector are:
- Contractual disputes
- Breach of contract
- Commercial property disputes
- Restrictive covenants
- Construction disputes
Initial case evaluation and investigation
If our client is the claimant, we often conduct an initial case investigation to determine if enough evidence exists to make a claim. If the client is the defendant, we will evaluate what evidence exists to defend a potential or existing claim that has been made against our client. With every client, we understand that we must be honest with them in whether their claim or defence will be successful.
The investigation procedure may include locating witnesses, taking witness statements, interviewing the client, gathering and reviewing important documents, and investigating the facts leading to the dispute.
Drafting pleadings
A variety of pleadings must be filed in Court on behalf of the claimant or the defendant.
If we are acting on behalf of the claimant, we would draft a letter before claim which also comply with the pre-action protocols if appropriate. If a settlement cannot be reached at this stage we would draft and file the claim form or application together with particulars of claim. If we are acting on behalf of the defendant, we would typically draft answers in response to a potential claim and if already issued draft and file counterclaims.
In litigation, it may become necessary to issue interlocutory applications such as application for specific disclosure requiring the other side to disclose documents, or application to strike out a claim or defence as appropriate. We can also consider in proper circumstances if there is any need for an application for summary judgment
The discovery process
Litigation involves various stages such as discovery. This involves the exchange of all relevant information and documents which either support or go against your case which have to be disclosed to each of the parties.
The Possibility of Settlement
A lot of cases never reach a court hearing, but instead, are settled to eliminate the risk and expense of going to court, which we have the skills to do. We engage in negotiations with the other party and also encourage participation in Alternative Dispute Resolution such as mediation and settlement meetings. This is at the forefront of what we would like to achieve for any client.
What we offer
We have considerable expertise in litigation and work along with specialist Counsel throughout the case. As explained above we try to utilise alternative dispute resolution methods both prior to and during the litigation. On the other hand, where commercially appropriate, we have no hesitation in resorting to litigation to achieve your aim.
We combine our experience of commercial litigation and legal expertise with practical and cost-effective solutions to any legal problem. Clients usually have a view that litigation is lengthy and expensive. However, particularly bearing in mind that our Mr Parmar is an accredited mediator, we try to help clients to resolve their dispute at an early stage using alternative forms of dispute resolution.
