Disputes and Litigation
Blanchards Bailey Solicitors believe the best approach to disputes and litigation is to try to avoid them! Litigation is invariably expensive and seldom straightforward. Very few cases finish up in court usually because the opposing parties are put off by mounting costs. Not infrequently people finish up settling for something which could have been achieved if everyone had taken a more flexible position at the outset.
Even when a dispute or litigation case goes all the way the successful party is likely to finish up out of pocket because although the general rule is that losers pay the court seldom orders them to pay in full. And that’s just the financial cost. Often overlooked is the amount of time which disputes take up – time which in many cases could be better used carrying on with day to day business. Then there is the emotional factor. People can become so caught up in a dispute that they become stressed and start to get everything out of proportion.
However it is not always possible to avoid disputes and litigation. Customers fail to pay, tenants default on the rent, ex-employees steal their employer’s confidential data, manufacturers infringe other people’s patents and other intellectual property rights and families fall out over wills. And, of course, other people may decide to sue you.
Our approach to disputes and litigation
In handling a dispute or litigation case we begin by collecting together as much information as we can. We try to identify what are the key issues and to concentrate on those and we also try to find out what exactly you hope to achieve. Only when we have the full facts can we advise. Our policy is to give a frank assessment of the chances of success – even if that is not what you want to hear.
Alternative ways of resolving disputes and litigation
For the reasons mentioned above people are increasingly turning to ways of resolving disputes and litigation without incurring the cost and uncertainty of a full trial. Arbitration in commercial disputes has long been in use but various forms of mediation are now becoming common. We can advise on these and guide you through the process.
A major consideration in all litigation is the cost. If you succeed you can expect in most cases to be awarded part, but seldom all, of what you have paid us. And you need to remember that even if the court makes an award in your favour your opponent may be unable to pay.
We offer an initial free interview to assess whether or not your problem is one with which we can help. We will give you a clear indication of the basis on which we will charge. We will also look at ways in which costs can be minimised by your doing some of the work.
A personal service
As in everything we do at Blanchards Bailey the client’s interest comes first. We understand just how stressful disputes can be. We will do all we can to help you achieve the best possible outcome in the shortest time and with the minimum of worry and cost.
Our Disputes & Litigation Expert: