By law, you have the right to represent yourself in court for civil cases, family law cases and tribunals, without the help of a litigation solicitor. It’s called being a ‘litigant in person’.

But perhaps the question you should be asking is, would it be a good idea?

According to a high court judge in a recent civil litigation case, the answer then is – absolutely not.

The Greenwoods – a bad example of a litigant in person

“Law is not a game.”

Five small words, spoken by Judge Paul Matthews, that say it all.

Back in 2021, John and Jennifer Greenwood started civil litigation proceedings – making a statutory demand for £1.4m over a business dispute. But as litigants in person, they made a catalogue of mistakes – which have, ultimately, jeopardised the success of their claim.

The case was initially set aside in September 2021 and the judge ordered them to pay £4680 in costs – however, these costs were never paid. They were subsequently asked to provide a full transcript and a service address in the UK – but neither requirement was ever met.

In 2022, they then made an application for an order to ‘set aside the claim’ and paid a £275 court fee; a move which made zero sense, considering they were the ones making the claim. The judges presumed this mistake was due to their lack of understanding of the legal terminology.

Judge Paul Matthews commented on the matter, saying:

 “The law is not a game, and it involves both emotional and financial costs. So far, it seems that the lack of legal advice has cost them dear. At the end of the day, it is a matter for them. I cannot make them follow the rules. But, if they do not, they must accept the consequences”.

He has now given the Greenwoods ‘one last chance’ to comply with court rules, otherwise they risk their claim being struck out automatically. And he’s urged the self-represented pair to obtain professional ‘civil litigation’ advice if they wish to keep their case alive.

The importance of seeking legal advice on civil litigation

Of course it’s tempting – especially in the current financial climate – to save money on legal fees, by doing some online research and representing yourself in court. But one of the biggest mistakes people make when it comes to legal issues, is thinking they can handle it themselves.

The result of a civil or family court case can have a significant impact on some of the most important aspects of your life, such as your business, your finances, housing arrangements, the future of your children etc. And the fact is, there are many benefits to seeking the advice of a dispute resolution or litigation solicitor (and many risks in not doing so).

Let’s take a look at some of the main advantages.

• It’s the financially savvy route

Bypassing legal advice may save you a few pounds in the short term – but you need to look at the bigger picture. Litigation solicitors are skilled negotiators. They have the experience and knowledge to ask the right questions, identify the key issues and determine the best way to present your case.

Plus, they attempt to avoid the courtroom wherever possible.

As a result, a favourable agreement or settlement can usually be reached much quicker – saving you both time and money in the long term.

• A solicitor will know all the rules and regs

Law is complex and constantly evolving.

There are strict procedures that must be followed – which, as a layperson, you’re highly unlikely to be familiar with. Information found online is not always accurate. And the judge certainly won’t give you a free pass just because you don’t have the relevant experience or knowledge.

Failure to comply with court rules can not only lead to significant cost orders, but may also affect the outcome of your case and risk having it ‘struck out’. Just like the Greenwoods.

To give yourself the best possible chance of success – and maintain the rules and decorum of the courtroom – the safest option is to recruit the help of a specialist litigation solicitor. Someone who is familiar with the current law, including all the legal terms and elements that could impact your case, and will ensure everything is done by the book.

• You’ll have a greater chance of success

Statistics show that litigants in person typically lose.

There are a couple of reasons for this.

Firstly, civil and family law cases are inherently emotional. The case directly impacts you and your life, and a lot could be at stake. Which means, it’s very easy to become overwhelmed. You’re unlikely to be in the right headspace to objectively represent yourself in the courtroom.

Secondly, the opposing party will almost certainly be led by a specialist legal professional. Someone with far more knowledge and expertise in the law than you, and with the relevant skills to put forward a strong counterclaim. Therefore, by not having legal support of your own, you’re automatically putting yourself at a disadvantage.

Litigation solicitors may be passionate about the work they do, but they’re able to control their emotions and focus on the facts. They have many years of experience dealing with other solicitors and judges, and will have plenty of strategies up their sleeve – to advise on the most effective ways to handle your case and ensure you get the best possible outcome.

Think twice about DIY civil litigation

Generally speaking, representing yourself in court is rarely a good idea.

If you’re about to embark on a civil litigation case, nine times out of ten, the best option is to seek the assistance of a litigation solicitor – and here at St Helens Law, we’re always happy to help.

Our specialist team have many years of experience in litigation and dispute resolution, having represented a wide range of clients in a variety of civil and family law cases.

Using our in-depth knowledge and insight into this area of the law, we can help you reach a favourable agreement – often avoiding the courtroom entirely by using alternative dispute resolution techniques. But if court is necessary, we also have the relevant expertise to comply with the rules and regulations and give your case the maximum chance of success.

An initial consultation is available completely free of charge. So before you commit to being a litigant in person – and all the obstacles that entails – where’s the harm in getting in touch?

To arrange a date and time that works for you, simply fill out our online enquiry form and a member of the team will respond as soon as possible. Or, if you have any questions and wish to chat with one of our litigation or dispute resolution solicitors, you’re welcome to contact us at any time.

Just give us a call on 01744 385171.

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Navigating the legal system can be daunting (and confusing) for most people, let alone for those deemed unable to manage it on their own. This could be a child under the age of 18 or an adult with health issues that make it impossible for them to represent themselves.

If faced with a complex court case, such individuals are likely to need a helping hand. Someone on their side, who is willing to step in and direct legal proceedings on their behalf – acting as a voice and advocate throughout the process and making decisions in their best interests.

It’s a big role with significant responsibilities. So if you’ve been asked to be a litigation friend, or you think this may be something that’s needed for a friend or relative, it’s important to understand exactly what’s involved before you agree.

At St Helens Law, our specialist team of dispute resolution solicitors have many years of experience in appointing and working alongside a ‘litigation friend’ – for a wide range of civil and family court cases. Here’s everything we think you need to know.

The definition of a litigation friend

Essentially, a litigation friend is an individual who takes on the responsibility of representing someone else – known as the ‘protected party’ – in a court case. This protected party could be:

• a child under the age of 18

as children are not allowed to use a solicitor, by law, they require a litigation friend for any court proceedings (unless the court grants special permission otherwise).

• an adult lacking appropriate mental capacity

this can be due to a variety of reasons, such as learning difficulties, physical illnesses, mental illness or as a direct result of an accident or injury (e.g. a brain injury).

Either way, the main purpose of a litigation friend is to look after their best interests – making carefully considered decisions on their behalf and ensuring their rights are always protected.

Who can be a litigation friend?

In theory, anyone over the age of 18 can become a litigation friend, providing they can fulfil the role fairly and competently, make sound decisions and have the individual’s best interests at heart – without any obvious conflicts of interest.

Some of the most common choices include:

• a parent, grandparent or legal guardian

This is particularly true for children, but can also apply to adults.

• a family member or close friend

Ideally, this would be someone with a good understanding of the individual’s needs and wishes.

• a professional advocate

For complex court cases, someone with specialist expertise – such as a solicitor or Independent Mental Capacity Advocate (IMCA) – may be appointed.

• the individual’s appointed lasting power of attorney

i.e. the person who has already been legally appointed to help the individual make important decisions or make decisions on their behalf.

Ultimately, the court has the final decision on who is chosen.   

In most cases, for children, a parent or guardian is appointed automatically, unless they’re deemed unsuitable. For adults lacking mental capacity, the suitability of a proposed candidate is carefully assessed – before being formally appointed by the court.

What are the responsibilities of a litigation friend?

Litigation friends play a vital role in ensuring fair and effective legal representation for those who need it the most. Essentially, you will be required to ‘direct the proceedings’ on behalf of the protected party and some of the main duties include:

• understanding the legal process involved in the case, and acting responsibly and ethically, to ensure that proceedings can progress smoothly and efficiently.
• gathering evidence and information relevant to the case.
• making important legal decisions in the best interests of the protected party.
• communicating with the protected party, keeping them informed about the case, finding out their wishes and views and ensuring these are heard (as much as possible).
• liaising with their solicitor regularly, obtaining expert advice wherever appropriate and instructing them to act in the best interests of the protected party.
• attending any necessary court hearings and actively participating in proceedings.

• signing legal documents and dealing with legal correspondence.
• carefully considering and agreeing to any settlement offers made.
• paying any costs ordered by the court.

The role usually ends after the court case (unless money is awarded, and this goes into a CFO account). However, it’s important to keep in mind, court cases can be a stressful and emotional experience for anyone involved – including both litigation friends and the people they represent.

Plus, they can sometimes take several years to resolve.

It’s a big responsibility. Which is why, before agreeing to anything, it’s important to carefully consider whether you’re ready and willing to commit to such a big role. And remember, if you don’t feel like you’re up to it, there’s absolutely no pressure or judgement. An official solicitor can simply represent your loved one throughout the court case instead.

How do you become a litigation friend?

There are two ways in which you could become a litigation friend.

You may be directly appointed by the court or by the request of another individual involved in the case. Or you can apply to be someone’s litigation friend voluntarily. To do so, you would need to:

• Fill in a certificate of suitability, explaining why you are appropriate for the role.
• If you’re applying to act for a child, send a copy of this certificate to their parent, guardian or carer. If you’d like to act on behalf of an adult, send a copy of this certificate to their legal deputy, solicitor, carer or the protected party themselves.
• Fill in a certificate of service, confirming that you’ve completed the first two steps.
• Send both certificates to the court.

If you’re already acting as the protected party’s deputy, this permits you to act as their litigation friend, without having to follow the steps above. Instead, you’ll only have to provide a copy of the court order that appointed you as their deputy.

Detailed information on this process can be found on the gov.uk website.

Need further advice on becoming a litigation friend?

Here at St Helens Law, our dispute resolution solicitors have worked on a wide range of civil and family court cases that have involved children and adults lacking mental capacity – offering professional guidance and friendly support for the litigation friend appointed.

Thanks to our knowledge and insight in this sensitive area of the law, we can assist with everything – from filling out the relevant forms and applying to the court, to providing independent legal advice on how to act in the protected party’s best interests.

If you know someone who may need help with their court case – and are considering becoming their litigation friend – please don’t hesitate to get in touch. An initial consultation is available completely free of charge, in which we can answer any further questions you may have and outline the type of support and assistance our team can offer.

To book a time and date that works for you, just give us a call on 01744 385171. Alternatively, fill out the form on this page and we’ll respond to your enquiry as soon as possible.

The post What is a litigation friend? appeared first on St Helens Law.

Read on to learn more.

The gravy train (or truck) has officially been derailed

It all started due to the 2016 European Commission’s decision in a case known as ‘Trucks’. To give you a little background information, the case held that five truck manufacturing groups had infringed competition law – through an unlawful agreement that inflated prices over 14 years. Two parties – UK Trucks Claim Ltd (UKTC) and Road Haulage Association (RHA) – applied to the Competition Appeal Tribunal (CAT) to bring collective proceedings (i.e. a class action) on behalf of various people who had acquired trucks from these truck manufacturers. Both parties relied on LFAs to show they had adequate finance in place. However, the truck manufacturers argued that LFAs were actually damages-based agreements (DBAs) – as the funders would be renumerated based on the damages ultimately recovered. And therefore they were a) prohibited in competition collective proceedings and b) unenforceable unless they complied with the relevant statutory conditions. The CAT itself disagreed with this argument and granted permission for the class action. But unhappy with this decision, the truck manufacturers appealed directly to the UK Supreme Court.

A final judgement on litigation funding

Perhaps surprisingly, the CAT’s decision was overruled. The UK Supreme Court allowed the truck manufacturer’s appeal by a 4:1 majority decision.To reach this conclusion, they considered the definition of a DBA, “an agreement between a client and a representative providing advocacy services, litigation services and claims management services”. And decided that ‘claims management services’ did, in fact, include the provision of litigation funding. As such, the LFAs entered into by UKTC and RHA were classed as DBAs and deemed unenforceable. This may just be one case – but the decision made will have a widespread impact on the enforceability of all LFAs under English law. Now that LFAs are classed as DBAs, it is likely that funders: ·         will undertake a comprehensive review of their current funding arrangements, removing or withdrawing any that are no longer valid or enforceable. ·         will seek to renegotiate or replace existing LFAs to ensure compliance. ·         will make changes to how they calculate their recovery, perhaps tying their financial rewards to the sums invested in the case, rather than the damages awarded. That way, their LFAs wouldn’t fall within the scope of a DBA and would therefore be valid.

From a general perspective, it is also likely this decision will put a huge dent in the UK landscape for class action claims – particularly in the competition, consumer protection and data protection spheres. Due to their nature (i.e. claims involving a large number of people, who have all suffered a small amount of loss), these claims rely heavily on litigation funding to make them economically viable. But going forward, funders are bound to be much more cautious about which claims they’re willing to fund.

Need advice on your class action lawsuit?

Our specialist solicitors, here at St Helens Law, are always happy to help.

We’re highly skilled and knowledgeable in this complex area of the law, and we’re always on hand to offer straight-talking, effective advice for anyone pursuing a new or existing class action claim.

Whether you’d like to find out more about opt-in and opt-out class actions in the UK, are concerned about this latest judgement on litigation funding, or have a question about how our solicitors could help, please don’t hesitate to get in touch. Simply give us a call on 01744 385171. Alternatively, send an email to info@sthelenslaw.co.uk or book a free no-obligation consultation with our team by filling out our online form. We’ll respond as soon as possible with a potential date and time.

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It can be costly, time-consuming and stressful. In fact, wanting to avoid the courtroom is the main reason why many people choose not to bring a small claim – even when they have a strong case.

But what if we said, the chances are, it wouldn’t come to that?

As part of the new civil justice reforms introduced this year, mediation is now a compulsory step in the small claims process for claims up to the value of £10,000. Which means, thousands of cases could bypass the court completely – instead, being resolved with a simple conversation.

Here’s how.

Mediation of small claims

A quicker and less stressful solution.

Following a recent consultation, the government committed to simplifying the processes involved in civil justice cases – and their first crucial step has been to integrate mediation.

The court will no longer be the first port of call.

From this point onwards – before they progress to a court hearing – all small claims valued up to £10,000 will now be referred automatically for a free hour-long mediation session. Which will be provided by a professional mediator from the HM Courts and Tribunals Service (HMCTS).

Mediation is an effective form of alternative dispute resolution, in which a neutral third party communicates between the two opposing parties. Their aim is to assist with negotiations, provide parties with an opportunity to present their offer and (hopefully) help them reach an agreement that everybody is happy with – without having to involve a judge in the decision.

To support these changes, HMCTS plans to expand its Small Claims Mediation Service (SCMS) by recruiting and training additional mediators and updating the necessary technology.

As a result, tens of thousands of people will be given the opportunity to access free mediation. In fact, it’s estimated that up to 92,000 cases per year could benefit – allowing these people to avoid a lengthy, stressful small claims procedure and resolve their dispute away from the court.

Plus, as an added benefit, these new civil justice reforms are predicted to free up nearly 5,000 sitting days per year – therefore substantially boosting court capacity and helping the government to reduce waiting times for more complex cases.

Would mediation work for my small claim?

Mediation can be an effective option for most types of small claims.

The most common disputes include:

• contracts for goods and services
• non-payment of professional fees
• non-payment of rent
• insurance disputes
• building disputes
• debts and unpaid invoices
• boundary disputes
• negligence claims

But this certainly isn’t a comprehensive list.

Whether you’re a homeowner suing a builder for failure to deliver a service or a business owner attempting to recover debts from a customer, the exact nature of your issue doesn’t really matter. Almost all civil cases can be mediated under the SCMS, providing its value doesn’t exceed £10,000.

The reality is, most cases that go through the civil courts could be settled with mediation.

You only have to look at the figures to see that it’s an efficient and cost-effective way to successfully resolve disputes. Since it was launched in 2007, overall, the SCMS has settled over half of the small claims that have been referred to it each year within a matter of weeks.

Similar reforms were also introduced earlier this year to mandate mediation for separating families. Approximately 20,000 mediation vouchers have now been distributed as part of this scheme. And in a recent analysis of the first 7200, it was found that 69% of cases reached a full or partial agreement – crucially, without having to involve the court.

Aside from its high success rates, small claims mediation can also offer a range of other benefits:

• It speeds up access to justice, whilst avoiding the expense of a court hearing.

• It provides you with greater control, as you have the opportunity to reach an agreement that you’re happy with – rather than it being the decision of the judge. 

• It’s far less stressful than a court hearing, and as both parties are encouraged to communicate amicably, it can help to preserve your ongoing relationship.

Best case scenario, you can simply reach an agreement and move on with your life.

Or, if mediation doesn’t work, anything discussed is 100% confidential and cannot be referred to at a later date. Meaning, your case can simply be progressed to a court hearing – no harm done.

Do I need a solicitor for small claims mediation?

Small claims (valued at £10,000 or less) unfortunately do not allow for solicitor fees, and the system is specifically designed to be easy to use without having to seek legal advice.

However, despite being ‘small’, such civil cases can still be very complex.

Good preparation is often the key to success, and there could be merit in asking a trained eye to look over the case prior to mediation or even having a specialist accompany you in the mediation session itself. Therefore, it’s still usually advisable to appoint a small claims solicitor.

Here at St Helens Law, we’re more than happy to offer our assistance.

We have a team of expert small claims solicitors, who not only have excellent knowledge and experience of the small claims procedure, but are also skilled mediators – and have helped countless clients to settle their dispute and reach an agreement, without having to step foot inside the courtroom.

To find out more about how we could support your small claim, please don’t hesitate to get in touch. You’re welcome to call us at any time on 01744 385171 or send an email to info@sthelenslaw.co.uk. Alternatively, to request a free no-obligation consultation with our small claims team, simply fill out our online form and we’ll respond as soon as possible.

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But here at St Helens Law, we appreciate how difficult that can sometimes be.

You’ve been the epitome of professionalism, having initiated several open and civil conversations with the other party. You’ve suggested numerous potential solutions to the issue. Attempted to compromise and meet them halfway. But they’re simply refusing to back down.

Suddenly, a minor disagreement has escalated into a huge, stressful dispute – which is wasting your time and resources and posing a greater and greater risk to your business.

In such circumstances, appointing a commercial litigator is the natural next step.

True, litigation can be a long and complicated process – and it’s generally regarded as the most aggressive option.But business disputes are notoriously complex. And in many cases, you’re likely to need the help of an experienced legal team – who can make sense of the situation, devise an effective legal strategy and, ultimately, achieve the desired resolution.

1. It’s the only option left

You’ve tried, but to no avail.

Commercial litigation should only ever be contemplated when all other forms of commercial dispute resolution have been exhausted. For example, have you attempted genuine and reasonable negotiations with the other party? Exchanged information to help reach a solution? Or perhaps considered other ways of settling the dispute – such as referring a complaint to an ombudsman?

If the answer to all of the above is yes – and you’ve tried everything in your power, yet failed, to resolve the issue without the courts – it may be time to start proceedings.

2. The stakes are high

Commercial disputes can (and often do) lead to very serious consequences.

They usually involve substantial sums of money, valuable assets and/or large numbers of people. And in many cases, they can have a huge impact on both your day-to-day operations and public image.

If a disagreement has the potential to affect the viability of your business or jeopardise its future in any way, it’s important to act as soon as possible. Recruiting the help of a commercial litigator could be the difference between your company continuing in its success or its untimely closure.

3. You can’t find a solution

Feeling a little overwhelmed? Business disputes can be highly complex matters. Multiple parties are usually involved, there’s much at stake and the issue can escalate quickly. Add in the fact that emotions are likely to be running high, and it can be difficult to find a solution to the problem.

If you’re struggling to see light at the end of the tunnel, a commercial litigation solicitor can help.

With expertise and experience in this area, they can analyse the legal complications inherent in your case – and develop a tailored and effective legal strategy.

4. You have a strong case

Before you begin litigation, think carefully about the realistic outcome.

For a start, you’ll be legally obliged to disclose any relevant documents – are you happy to do that? And would those documents help or hinder your case?

Think about if you have any witnesses that could support your claim? Or if a specialist or expert in the area would be likely to back up your argument?

It’s also important to consider your opponent’s financial situation. No matter how ironclad your case may be, litigation would be a pointless endeavour if the other party has no assets. In the event of a win, could you the collect the judgement?

If you genuinely believe your case could be proven in court (and the defendant has assets to collect), at the very least, it’s worth contacting a commercial litigator. They can analyse the evidence available, give their impartial opinion on the strengths and weaknesses of your position, and advise on your realistic chances of success.

5. The cost-benefit is in your favour

Just like all aspects of business, it’s also important to analyse the cost-benefit of commercial litigation.

Essentially, you need to ask the question – is what you stand to gain from litigation worth the cost it will take to achieve it? If the answer is yes, taking legal action could be the right option for you.

Is commercial litigation the only way forward?

There’s no denying, litigation can be a very lengthy and complicated process and it should never be entered into lightly. But even if you’re unsure whether this is the best route for you, it’s still worth getting in touch with a specialist commercial litigator.

Here at St Helens Law, not only can we advise on the pros and cons of litigation – and the likelihood of your case’s success. But we can also talk you through other options that are available to you and may recommend alternative dispute resolution techniques – such as arbitration, mediation, early neutral evaluation or expert determination.

These tend to be much cheaper and faster than going through the UK courts. And in many cases, they achieve the same desirable outcome as commercial litigation, without creating any further animosity between you and the opposing party or wasting too much time, money and effort. 

Request your free consultation

If you’re struggling with a business dispute and wondering if commercial litigation could be your next step, please don’t hesitate to contact our team.

We offer an initial consultation with our commercial dispute solicitors completely free of charge.

There’s no pressure to go ahead. And if you decide legal action isn’t right for you, that’s absolutely fine. It’s simply an opportunity to discuss your situation and offer our expert opinion on the best potential options – whether that be litigation or an alternative form of commercial dispute resolution.

So, what do you have to lose by getting in touch?

To book a time and date that works for you, request a consultation via our online form and our commercial litigators will respond as soon as possible with further information. Or if you have any questions or concerns, feel free to give us a call on 01744 385171 or send your enquiry to info@sthelenslaw.co.uk.

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Perhaps a large number of people could be affected by the disagreement? Maybe a substantial amount of money is involved? Or a valuable asset that you’ve nurtured for many years?

No matter how amicable you try to be, things can get a little… messy.

Of course, there are some situations in which a frank discussion is all that’s required to settle the issue. Or mediation may be enough to put it to bed. But unfortunately, in most cases, commercial disputes are highly complex matters. And as a result, they typically take a long time – as well as the assistance of an experienced legal team – to resolve.

Complex commercial litigation

Exactly what it says on the tin.

Compared to civil litigation cases (i.e. disputes between two people), all commercial litigation cases have a certain degree of complexity. Involving two or more corporate companies, the stakes are usually much higher – and any type of disagreement needs to be dealt with carefully.

However, ‘complex commercial litigation’ is a term used to describe cases that are particularly complicated – and therefore, generally, take longer to reach a satisfactory outcome.

For example, they often involve:

• multiple parties or large numbers of people 
• substantial amounts of money
• highly valuable assets
• matters that are likely to move quickly
• fraud and deception

Today’s businesses can face many different types of commercial disputes, which have the potential to arise at any time. And commercial dispute resolution can be employed to tackle a large and diverse range of intricate legal issues.

Employee disagreements, product and professional liability, data breaches, antitrust and bad faith, whistle-blower claims, trade secret claims, intellectual property disputes, unfair competition, class actions, misrepresentation, tax disputes… they all fall under the ‘complex’ umbrella.

However, the three most common issues include:

1. Contract breach claims

One of the most important parts of running a business is drawing up corporate contracts.

Breaches can range from simple mistakes or errors in the wording, to disputes regarding a party’s failure to adhere to the terms. For example, if they refuse to perform the agreed duties, if work carried out is somehow defective, or they fail to pay for the product or service provided etc.

If an agreement cannot be reached internally, litigation may be required.

2. Partnership and joint venture disputes

To help them grow, most organisations forge partnerships with other companies.

However, as with any relationship, disagreements are inevitable – especially if one partner is leaving the business or the business has stopped trading. Disputes often arise concerning asset ownership, the division of any profits, the use of intellectual property and ongoing customer relationships.

Not only can such issues put the future of the enterprise at risk, they can negatively impact how others perceive the company – and it’s important to address them as soon as possible.

3. Shareholder disputes

People fall out, and sadly, the relationship between shareholders can (and often does) break down.

In most cases, disagreements occur due to a conflict of interest – usually regarding the direction of the business or how it’s being managed. Disputes also commonly arise between minority and majority shareholders with respect to unfair treatment and how earnings are shared between parties.

Again, these issues can be highly problematic – potentially jeopardising the success of the business. And if a solution cannot be reached in-house, commercial dispute resolution may be essential.

Complex matters require a complex approach

Complex business disputes, such as those outlined above, tend to escalate quickly. And if they aren’t properly resolved, the consequences can be severe – potentially costing you a lot of money or, worst case scenario, leading to the eventual failure of your company.

That’s why, it’s important to secure legal representation as soon as possible. 

Due to their complexity, these types of disputes need to be addressed by specialist commercial litigation solicitors – who possess the right skillset to analyse the factual and legal complications inherent in your issue, and map out a sound legal strategy. One that’s tailored to your unique requirements and could, realistically, lead to a positive outcome.

Complex commercial litigation cases can also take a very long time to resolve – rarely less than 12 months. However, an experienced legal team will take this into account when formulating their approach and do everything they can to minimise this timeframe (and the associated costs).

Commercial litigation at St Helens Law

Ultimately, successful dispute resolution requires in-depth knowledge of the commercial litigation process, a hard-working and determined team, careful preparation and a willingness to review and adapt your legal strategy as the case unfolds.  And it’s fair to say, here at St Helens Law, we have all of those boxes ticked.

Complex commercial litigation is one of our specialist areas.

Dealing with each case based on its unique circumstances, our commercial litigation solicitors can devise a tailored and effective approach and assist with all aspects of the litigation process – from the preliminary investigations and pre-action protocols to case preparation, trial preparation and appeals.

We fully understand the seriousness of your situation. No matter how complex or ‘messy’ your case may be, we have the expertise and experience to determine a suitable plan of action. And we’ll do everything in our power to achieve the best outcome for you – as quickly and easily as possible.

To take your first step towards resolution, why not get in touch and book your free initial consultation? Or if you have any questions about complex commercial litigation, and how our team of commercial dispute solicitors can help, please don’t hesitate to contact us.

You can either give us a call on 01744 385171 or send an email to info@sthelenslaw.co.uk.

The post What is complex commercial litigation? appeared first on St Helens Law.

What is arbitration?

As a form of dispute resolution and an alternative to conventional litigation, arbitration is a private method where parties agree their dispute will be heard and ruled upon by an arbitrator – a neutral party with no interest in either party, such as a solicitor – and not in the courts.

Similar in requirements and procedure to a trial, anyone can use arbitration to resolve a dispute – whereas litigation is reserved only for those where the dispute has occurred within the jurisdiction of England and Wales. The Arbitration Act 1996 governs the conduct of arbitrations within England, Wales and Northern Ireland – Scotland has its own rules, governed by the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990.

This allows the parties in dispute the time and space to put forward their case and answer questions posed by opponents. The Arbitration Act also allows for other procedures to be adopted, suitable for the circumstances, to avoid unnecessary delay or expense, and provides fair means to resolve the dispute.

Arbitration can be carried out virtually anywhere and sometimes, it’s even possible for a decision to be made based on submitted paperwork, without the need for a face-to-face meeting.

There are a number of different disputes that can be resolved via arbitration, including:

• Business disputes
• Consumer transactions
• Boundary disputes
• Tortious claims – otherwise known as a tort claim (claim for damages)

There are also several cases that cannot be resolved through arbitration such as matrimonial matters, industrial disputes and revenue cases.

If you’re still unsure, there are many benefits of choosing arbitration over litigation.

Benefits of arbitration

• Arbitration is less complicated than litigation, resulting in quicker resolution
• It’s easier to schedule than litigation, as courts typically have long waiting lists for cases to be heard
• It is kept out of public record whereas general members of the public can attend court proceedings
• Arbitration benefits from impartiality as both parties can pick the person to act as the arbitrator
• Usually, arbitration is less expensive than litigation, although it’s important to note that sometimes this isn’t the case
• Arbitration provides finality to both parties, as there are very limited opportunities for appeal 

Disadvantages of arbitration

• Arbitration requires good faith and agreement by both parties, which isn’t always easy
• Sometimes it can be cheaper to undertake litigation if the arbitrator’s fee is more than the amount of money involved in the dispute
• If the arbitrator receives witness statements to be read out, there is no opportunity for either party to cross-examine that witness, so their word is final

What is litigation?

Resulting in the court imposing a binding judgment on parties, litigation is the process of taking a case to a court of law so that a judgment can be made. Usually advised as a last resort, litigation is more time-consuming and formal than arbitration – as well as being more expensive, most of the time.

Governed by the Civil Procedure Rules (CPR), litigation involves two parties trying to prove their case before a judge – on the balance of probabilities. Whilst CPR must be complied with, rules can vary depending on the type of case being tried as well as the value of the claim.

There are a number of cases that are best suited to the litigation process, including:

• Personal injury tort claims
• Class action suits, such as medical negligence
• Divorce and other family law disputes
• Disputes regarding property
• Contract disputes

Advantages of litigation

There are a number of benefits of choosing litigation over arbitration:

• As it is conducted through the courts, there is a public record of the case, so can never be disputed
• Litigation delivers a clear outcome that cannot be misconstrued by either party, or by members of the public
• Litigation court mandates both parties to be cooperative, whereas arbitration does not have that power
• Previous litigations can have resulted in precedents, which makes it easier for cases to be ruled upon when similar, future litigation cases arise, as a precedent has already been set
• There is the option of appealing the decision set down in litigation, so there’s another chance of having the dispute ruled in your favour

Disadvantages of litigation

There are also some disadvantages to undertaking litigation:

• You can more than likely expect a backlog when waiting for a court date as there are a large number of court cases waiting to be heard in the UK currently – which has arisen due to the Covid-19 pandemic
• Following on from this, litigation can be time-consuming and sometimes it can take several years between bringing a dispute to court, reaching a resolution and having judgment passed
• Relationships between the two parties in dispute can be irrevocably damaged by appearing in court
• Court cases can cause the parties to be both emotionally and physically draining

Both arbitration and litigation are powerful tools when it comes to resolving a dispute you may have with another party. But you must always carry out your own research, to make sure you are doing the right thing for yourself and your family.

Contact us

If you need any advice on whether to choose arbitration or litigation, then don’t hesitate to get in touch with us here at St Helens Law to speak to one of our legal experts. You can contact us on 01744 385171, email us at info@sthelenslaw.co.uk or tweet us @StHelensLaw.

The post Arbitration vs Litigation appeared first on St Helens Law.

So, what is litigation? In a nutshell, litigation is the process of taking legal action – meaning your dispute will be resolved through the legal court system. If you can’t agree with the other party – or parties – on a resolution that is amenable to everyone, then the courts are an effective and fair way of dealing with it. 

All litigation proceedings are governed by the Civil Procedure Rules 1998, which inform all aspects of the process. These rules set out time limits within which certain steps need to be undertaken, the correct forms to use and the obligations of the parties involved – with the overriding objective being that disputes are resolved justly and as efficiently as possible. 

Although it can sometimes be a lengthy and complex process, there are a number of advantages to going down this route, including: 

• Co-operation

Sometimes alternatives to litigation, such as arbitration, rely on the co-operation of parties involved, which can be difficult. By going down the litigation route, you can be assured that co-operation is court-mandated, so any deadlines and requirements have to be met. The court also has the power of summary dismissal – meaning if there is no validity to the dispute, the court will dismiss it. 

• Public record 

This is an advantage, especially if the litigation is regarding your business activities. Having a public record of the court proceedings, and ultimately the judgment means there is a line drawn in the sand setting the record straight. This can be particularly useful if your dispute quickly gains publicity across various media platforms, such as social media. 

• Precedent 

Once litigation goes through the courts, it provides a lasting precedent, which is described as ‘an earlier event or action that is regarded as an example or guide to be considered in subsequent, similar circumstances’. This means that you can point to previous rulings in similar cases and use that case to bolster your argument. So a precedent has powerful use in dispute resolutions. 

• Cost 

It shouldn’t be presumed that it costs more to take a dispute to court than going down one of the other, seemingly inexpensive, routes. If the dispute is something that can be dealt with quickly, then this is going to cost less than arbitration. Complex cases can also run to similar costs of arbitration. 

• Evidence 

The rules within the courts regarding evidence are stricter than in other alternative ways to resolve a dispute. If you are presenting a strong case, this is of advantage to you, as it leaves no room for speculation and conjecture – an opinion or conclusion formed on the basis of incomplete information. 

• Results 

Regardless of whether the result rules in your favour or not, the fact remains that there will be a result – officially on-court record. Whereas alternatives can break down and a resolution never reached, litigation will have a result, and therefore finality. 

• Appeals 

Choosing litigation means you will have the chance to appeal. This is good for you if you didn’t originally get the result you wanted, but bad if there is a chance a result previously ruled in your favour could be overturned. 

Contact us

If you find yourself in a dispute and you feel like litigation is the route that will suit you the best, or you’re not sure what the correct route is, then give us a call here at St Helens Law on 01744 385171 or request your free consultation here.

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