Civil Litigation Questions and Answers with Baden Broadbent
When you’re facing a legal dispute it’s crucial to take action to protect your rights and interests. Delaying can complicate the resolution process and potentially increase your losses. This is where civil litigation comes in - it’s all about finding a fair solution to disagreements that can’t be settled privately. So, in these circumstances it's important that you receive the legal help you need!
Baden Broadbent, a Solicitor with extensive experience, has answered some of the most frequently asked questions surrounding civil litigation matters, to give insight and allow you to make informed decisions if you were to find yourself in such a situation. Here’s what you need to know:
1. What is civil litigation and what does it entail?
A civil litigation practitioner assists clients with disputes that involve large sums of money, usually where the sum is worth more than £10,000. However, in personal injury claims, different rules apply, and claims can sometimes be as low as £1,000.
Whether we act for a prospective claimant or defendant, our role is to first thoroughly investigate our client’s position, to see if they will benefit from our assistance. If we are instructed to assist, our main role (aside from advising our client) will be to correspond with the other side to see if the dispute can be settled, without the need for court intervention. For a legal professional, civil litigation can be anything from providing initial advice to representing clients in court.
2. Why usually more than £10,000?
Claims for less than £10,000 are normally allocated to the small-claims track. This is significant as, whilst you may recover your application fee, the court will not make an order for costs i.e. for the losing party to pay the winning party’s legal fees. In practice, a solicitor will likely steer clear of claims for less than £10,000 as there is little benefit to a client in successfully recovering £1,000, in damages, if their legal fees are £3,000!
3. What types of disputes are typically resolved through civil litigation?
Civil litigation is a very wide area of practice, but at Howard & Over we specialise in land/access disputes, contract law, professional negligence, debt collection, personal injury, and contentious probate. However, we can also assist businesses, or individuals, in reducing the risk of litigation by drafting effective and comprehensive company documents. To give one example, a shipwright may wish to include, amongst other things, a provision (in their terms of business) that a customer must return to them in the first instance with any complaints regarding build quality/missing items.
4. What steps should I take if I believe I have grounds for a civil lawsuit?
First and foremost, you should speak to a solicitor. I am often surprised when I speak to friends, family, colleagues, and acquaintances that they had not thought to at least enquire with a solicitor to rule out the possibility that someone, with experience, may have been able to offer them assistance. An enquiry call does not often take longer than 15 minutes and, at worst, a solicitor will just say that they cannot assist and/or that your claim is likely to be unsuccessful. Even if a solicitor cannot assist you with a claim, there is a good chance that they will at least be able to offer some helpful suggestions.
Claimants must also be aware that they cannot sit on their claim indefinitely as their claim will be subject to a limitation period. For personal injury claims, the limitation period is generally 3 years, so it is always advisable to speak to a solicitor at the earliest opportunity if you think you may have a claim.
5. How long does the civil litigation process usually take from start to finish?
Whilst our aim is to always resolve a dispute quickly, and with minimal cost, we explain to clients at the outset that a civil dispute can take anywhere between 3 months to 2 years. There are several reasons why a dispute might be resolved quickly, or rumble on for months, as follows:
- If a client presents us with a complex dispute, i.e. a construction dispute, we generally anticipate that more time will be needed to fully resolve each disputed point.
- Seeking expert evidence can also inflate the time a matter takes to resolve as the process involves the parties agreeing who to instruct, the contents of the letter of instruction and what evidence should be supplied to the expert. Thereafter, an expert will meticulously examine the evidence as their recommendations may be subject to further questioning before a judge.
- The court timetable. It is no secret that the court is a slow machine and, if proceedings are issued, we are unfortunately at the mercy of the court’s processing times.
6. What are the potential costs associated with pursuing a civil litigation case?
A client that does not have the benefit of litigation insurance can expect to pay anything up to £150,000 or above, before the court deals with issue of costs. Whilst the general rule is that the loser pays the winner’s costs, success in court is rarely guaranteed and even if a claimant/defendant is successful, a judge may decide that each party bears their own costs, or, in some cases, that a badly behaved winner pays the loser’s costs. Some examples of bad behaviour might include issuing proceedings without adhering to the relevant pre-action protocol, bypassing the alternative dispute resolution process without a good reason (mediation/arbitration etc), or unfairly withholding evidence.
7. What are the possible outcomes of a civil litigation case, and what factors can influence the final decision?
For most cases, the appropriate remedy for a claimant will be damages in the form of a lump sum payment. However, a judge has several tools at their disposal to ensure that a case is disposed of fairly and equitably. In a boundary dispute it may be necessary for a claimant to seek an injunction to ward off a bothersome neighbour. As one might expect, an individual that is in breach of an injunction could be subject to a significant fine and, in some cases, imprisonment.
8. How are settlements negotiated and what should I consider before agreeing to a settlement?
Settlements are generally negotiated via letter/email correspondence. However, it is not uncommon for the parties to reach a settlement in the court waiting room, and at the eleventh hour! The starting point for any negotiation is assessing the relative strength and merits in your client’s, and the other sides,’ position. Thereafter, the parties are expected to correspond, and exchange any related evidence, to understand each other’s position and, hopefully, settle the issues without proceedings being issued. If you are presented with a settlement agreement/offer of settlement, your first thought should be to speak with a solicitor, as they will consider your position in detail and provide advice relevant to your circumstances.
9. What are the risks and benefits of going to trial versus settling out of court in a civil litigation case?
The key advantage of going to trial is that the court will likely resolve the matter, this can be important clients that have endured a lengthy dispute. Similarly, issuing proceedings will subject your opponent to strict a timetable for filing and serving evidence. However, in practical terms, the court option is always the last resort due to the associated costs, and stress inflicted on the parties during proceedings. Entering into a settlement agreement also allows the parties to be creative and agree to terms that would not otherwise be ordered by a court, such as, non-disparagement, confidentially and/or a provision that a party preforms a specific action.
More about Baden’s Work
Baden is a highly regarded expert in civil litigation. Having previously taken on roles including both a caseworker and paralegal in London, Baden has developed extensive knowledge within multiple areas of law. His deep understanding of the many nuances within the realm of civil litigation has positioned him as a trusted advisor for those seeking guidance on such matters.
If you need a solicitor to support you through contentious civil matters.
