Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Litigation
Solicitors experienced in the litigation of disputes across a variety of areas from farming to financial services
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Solicitors here are strong in
litigation, arbitration and other dispute
resolution mechanisms. The firm has strength in
depth in litigation in a large number of fields of
activity, including company shareholder disputes,
insurance, technology, internet, investments,
insolvency, land, farming, building and
construction, accountancy, banking, entertainment,
sport, holiday claims and boundary disputes.
Solicitors here are experienced in and we have the
resources to conduct litigation pursuing and
defending causes of action in negligence,
nuisance, libel, intellectual property, breach of
contract and misrepresentation.
Our solicitors here can also advise on and take
proceedings for judicial review of administrative
decisions and causes of action such as misfeasance
in public office.
We can offer a fixed
charge initial analysis of your case with options and recommendations
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Litigation: an overview
The pre-action stage
Before
litigation proceedings are commenced the first thing a solicitor will
do is identify his client’s circumstances and objectives. For example,
the client may be in a dispute with a valuable trading partner, meaning
that ways of preserving the relationship between the parties after the
dispute need to be considered.
Other points that a solicitor will address at this stage of the litigation include:
- limitation periods (whether the statutory period within which the claim must be brought has expired)
- solvency
of the defendant (it is not worth pursuing litigation against a party
known to be on the verge of being wound-up or being made bankrupt)
- methods of funding the litigation such as no win no fee agreements
- consideration of available methods of alternative dispute resolution
- compliance
with the Practice Direction on Pre-Action Conduct and any relevant
protocols (which set out the procedure that parties to litigation must
follow).
Procedurally the most important step at this stage is the issuing of a
letter before claim (or its equivalent as determined by a pre-action
protocol), which sets out the nature of the case against the defendant
and may facilitate early settlement by providing information early on in
the litigation. This should be followed by a letter of response from
the defendant.
Commencement of proceedings
Should
the dispute fail to be resolved at the pre-action stage, formal
litigation proceedings are commenced by issuing a claim form and serving
it on the defendant. Either at the same time or shortly after, the
claimant must also serve full particulars of their claim against the
defendant.
Interim matters
The
court will allocate the claim to a track and issue management
directions which will function as both parties’ timetable for the
litigation going forward. This will give the parties a clear deadline
(the anticipated trial date) to which they will be working with various
major landmarks along the way, such as the disclosure of relevant
material held by both parties and the exchange of witness statements.
It is during this stage of the litigation that the solicitors for both
parties will consider making an application for interim orders such as
an order to strike out the other side’s case or an order for interim
payment into court on account of damages.
The trial
Attempts
to resolve the dispute before trial will be considered at various
points throughout the litigation but if these prove unsuccessful the
claimant and defendant will put their cases to a judge in court. A small
claims trial can be relatively informal and parties do not need to
comply with the rules of evidence. Fast-track and multi-track trials
involve more restrictive rules of evidence and procedure. At the end of
the trial the judge will make a ruling as to costs and the general rule
is that the loser will pay the winner’s costs of the litigation.
Post-trial
After
the trial one party may decide to lodge an appeal. There may also be a
hearing before a costs judge (known as a detailed assessment) to
determine the amount of the winner’s costs. In most cases the loser of
the trial will comply with the judgment against them. If they do not,
the winner will consider methods of enforcing the judgment such as
through the use of bailiffs. It is prudent to consider the possibility
of difficulties arising at this stage before litigation is commenced.
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Alternative dispute resolution Arbitration
Arbitration
involves an independent third party (or parties) reaching a decision
which is binding on the parties in dispute and enforceable as if it were
a judgment. Arbitration clauses are frequently contained in business
contracts and where this is the case the parties are compelled to use
this method of ADR before contemplating other methods. Alternatively the
parties can volunteer to submit to the process. It can offer a number
of advantages (though its appropriateness needs to be assessed on a
case-by-case basis) such as relative speed compared to litigation,
privacy, the ability to select an arbitrator with expertise in the
relevant field and the possibility of coming to a solution that is more
practical than a trial judge could impose.
Mediation
In
mediation a neutral third party, the mediator, assists two or more
parties in order to help them achieve an agreement on a matter in which
they are in dispute. Mediation is now widely recognised in the UK and
Europe as the most popular form of alternative dispute resolution as it
offers solutions beyond those that a court could ordinarily impose and
can be used to settle disputes in a whole range of situations.
Mediation is a voluntary process and will only take place if both
parties agree. Both parties share the cost of mediation, which will
depend on the value and complexity of the claim. If the parties are
unable to reach an agreement, they can still go to court, and anything
discussed at the mediation is completely confidential.
Solicitors at Humphreys & Co are experienced in mediation, and find
that clients benefit from being able to put their case forward at a
more affordable price and without the uncertainty and stress of going to
court.
Conciliation
Conciliation
is a process similar to mediation used in the construction industry
whereby a conciliator seeks to facilitate a settlement between the
parties. The conciliator (who under the contract can often either be
agreed between the parties or appointed by the Federation of Master
Builders in the absence of agreement) does not decide any issues of law
or fact but conducts a process whereby each party states its position
and then attempts to work towards a compromise.
Any settlement
achieved is then set down in writing in document binding upon the
parties as a new contract. The costs of conciliation are the time of
the conciliator and the venue for the conciliation. Parties do not have
to be represented. Conciliation can only take place if both parties so
agree, whether in the contract or after a dispute arises. Conciliation
can be an effective way of reaching agreement over eliminating some of
the parties' more unreasonable requests.
Adjudication
The
aim of adjudication is to resolve disputed issues in order to enable
work to continue, either indefinitely or while awaiting the decision of a
judge or arbitrator. Adjudication is a more formal mechanism for
dispute resolution that is designed to be quicker and cheaper than
arbitration or litigation. A third party adjudicator, usually a
technical expert in the relevant field, decides the (generally factual)
issues between the parties. Adjudication has a statutory basis under
s.108 of the Housing Grants, Construction and Regeneration Act 1996. The
adjudicator’s decision is binding upon the parties and may be the
subject of appeal or enforcement in the courts.
Evaluation
An evaluator's opinion aims to help you to decide how to handle your dispute and may enable you to reach a solution.
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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