Civil Litigation (Commercial and Professional Negligence)
We have worked under the Civil Procedure Rules (CPR) regime and its Pre-action Protocols since their introduction. We are therefore used to presenting and debating the factual and technical issues in a case prior to the settling of formal proceedings. We seek to ensure so far as possible that the opposing case(s) is (are) understood and evidenced at this stage, so as to allow an early informed risk analysis before excessive costs are incurred.
Our expertise in mediation and mediation advocacy equips us well for pre-action meetings with opposing parties and their representatives. These meetings provide an opportunity to evaluate at an early stage not just the opposing case on paper, but the individuals who are advancing it, and any representatives who are advising them. Such an evaluation is essential for a proper risk assessment. Of course, this evaluation is a two-way process, and a robust all-round impression of you, your case, and your team given at the meeting can also encourage your opponents to settle early rather than risk going the distance with you through the courts.
The civil court system is becoming increasingly expensive to use, more and more overloaded with cases, and staffed at its lower levels by automated systems and part-time judges.
The consequence is that the process involves significant expenditure for unpredictable results in highly variable timescales.
It is ancient wisdom that you should try to settle matters with your adversary before you get in front of the judge. Now as in the past, the large majority of cases do settle before this happens. We try to ensure that a fair outcome is achieved with less time, expense and uncertainty.
Where cases do proceed to court, we are able to prepare complicated technical disputes with contested factual and expert evidence for trial.
We have experience of conducting professional negligence actions against architects and engineers, and claims for payment, defective workmanship and mis-supplied goods, and breach of intellectual property rights.
The majority of these cases involved counterclaims, and we have experience of acting for defendants with counterclaims as well as original claimants, in cases ranging in value from around £20,000 to over £4million.
We have experience of leading teams of specialist Counsel, experts, and factual witnesses of all levels of seniority. We aim to assess and value claims at each stage, and estimate the cost and risk involved in pursuing or defending the action. We regularly consider options with our clients and agree a strategy and a budget with this analysis of risk in mind. We emphasise that only certain material is relevant in litigation, and only a very limited range of remedies can be given by the court. We will attempt to understand your aims in any dispute situation and try to help you achieve them by the appropriate means.
