We perhaps all know what litigation involves; the parties submit their pleadings, documents, witness evidence and independent expert evidence to court and the case is resolved at trial before a Judge.
The process is often long and drawn out, given that a programme of very carefully organised events has to take place to a specific timetable given to you by the court. The intention is threefold:
- to get the case ready for trial;
- to enable the dispute to be settled if at all possible; &
- to ensure that the case is run on a cost effective basis, even if it cannot be settled.
In a more substantial case you may need three experts to assist you.
As your solicitor, we would essentially help you to manage and run your case to your best commercial advantage. We ensure that:
- your pleadings, your documents and your witnesses are all organised and presented to the court;
- you fully comply with the court’s directions given to you; &
- at every opportunity you are commercially doing the right thing (be that making or responding to an offer to settle, seeking a mediation or pressing on).
In appropriate cases, you may need counsel to present your case in court. We can connect you to the most suitable barrister for your case and instruct and manage what counsel does for you.
Should independent expert evidence be required, we can help you to select and we can manage and instruct your expert so that their report fully complies with the court’s rules and requirements for such evidence.
Ultimately, litigation is often termed as being a form gambling. In theory a 60% case has a 40% chance of being lost. The art is in ensuring that your case is presented as robustly as possible, in ensuring that you understand the commercial risks and reality at all times and in securing the best possible commercial outcome for you, no matter what route that compels you to take. Our role is to support and guide you through that process.
If we can assist you in any way, or if you simply want to discuss the needs of your construction and engineering project, we would be delighted to meet with you either in our office or at your office to discuss your issues. Please contact us at any time.