Litigation Solicitors in the UK

If you’re in a legal dispute like a business contract disagreement or a personal injury case, you may need a professional litigation solicitor to handle the case. Having an experienced litigation attorney on your side will help in resolving disputes through the court system.

As we know, it is a complex, time-consuming, and costly process, but hiring the right litigation lawyer can ensure favourable results in court. A legal mediator may also aid in out-of-court settlement which may usually take less time than the court.

In this article, we’ll explore different types of litigation solicitors in the UK and offer some tips on how to find the right legal professional for your specific case.

What is Litigation?

Litigation is a legal dispute-resolving process by taking it to court. When two parties don’t agree on fair terms over a dispute, they will need a legal representative in the court to present their case in front of the judge. The two parties have to provide documentation and proof to present their arguments in court. After looking at all the proof and documentation, the judge will decide if the verdict is in favour of the plaintiff or the defendant.

Professional legal representation is important in litigation as it can help navigate complex cases. Their expertise is needed to handle the case in court with careful planning and execution. Each party, defendant, and plaintiff will hire a legal representative to navigate the various stages of litigation, from pretrial negotiations to appeals.

In some cases, litigation can turn out to be expensive, which is why a solicitor needs to reduce the cost with alternative measures. They may have professionally applicable resolution methods to reach settlement terms. Hiring a professional can also increase the chance of success with their professional skills.

Types of Litigation Cases

Here are different types of litigation cases.

Commercial Litigation

Commercial litigation is between people who own businesses and commercially involved individuals. This type of litigation may be needed when both business parties have issues with each other regarding the organisation or finances. It may include contract disputes,  intellectual property disputes, antitrust violations, business plan issues, unfair competition, and shareholder disputes. Negotiations, mediation, Alternative Dispute Resolution, and litigation may help resolve commercial disputes.

Civil Litigation

Civil litigation is when an individual or an organisation seeks a service or monetary damages. One party may decide to focus on getting monetary compensation instead of moving forward with criminal charges. They may have a better chance of getting compensation when there’s no criminal case.

Example of civil litigation:

• Property Disputes (damages, ownership issues, etc.
• Tort Claims (battery, defamation, negligence, and medical malpractice)
• Contract Disputes (breach of contract, business agreement, etc)
• Personal Injury (negligence or intentional)
• Landlord-Tenant Disputes (eviction or deposit returns)

Employment Litigation

Employment litigation involves legal matters and dissolution between an employee and an employer. A person will have to hire an employment attorney when facing issues at the workplace. The issues may include wrongful termination, discrimination claims, harassment claims, wage and hour problems, violation of labour laws, and breach of contract.

The application of employment/labour litigation is filed at the employment tribunal. It starts with early conciliation, gathering information on issues, and then submitting a claim form to the employment tribunal. Then comes the defence and hearing, where the claim is further clarified, and the other party defends the case. The last step is a settlement as allotted by the tribunal.

Property Litigation

The property litigation legal process involves disputes related to real estate matters like contracts, ownership, renting, and zoning regulations. These disputes can involve tenants, property owners, contractors and local authorities, often related to possession, use, and ownership.

Different property disputes may include zoning disputes, boundary disputes, landlord-tenant disputes,  construction disputes and encroachment disputes. The legal process involves alternative dispute resolution (mediation and Arbitration) and litigation. One may go for litigation when an alternative resolution fails to give a solution.

Before going for court proceedings, a pre-action protocol has to be followed to resolve the issue without court. After this, a claim is issued with dispute details, leading to a court hearing where the case is carefully resolved to settle on an agreement. The court will take action accordingly based on the evidence and witnesses.

Family Litigation

Family litigation involved custody arrangements, child support cases, divorce, prenuptial agreements, and paternity tests. If a couple or family can’t agree on issues amicably, they can involve the court to get a suitable verdict as per the situation.

Family law litigators may also handle guardianship, conservatorship, and adoption. All family disputes are handled in family court. The first step is filing the case and then going for counselling and mediation. Decrees and court orders are given after the evidence provided by both parties is checked and cross-examined.

The Litigation Process

Here is the process you must follow correctly from the start, and it will become convenient for you to get through.

Initial Consultation

The first meeting with a lawyer will be about your case discussion, your concerns, and what you hope to achieve. The lawyer will ask questions, explain the legal process, and give you an honest assessment of your chances. If you have any queries, discuss them with the litigator to build a strong case from the start.

Provide documents related to your case, such as contracts, messages, bills, emails, medical records, police reports, etc. The more information you provide, the better the lawyer can advise you.

Pre-Litigation Steps

It is usually recommended to discuss the case with a mediator in case it is solvable without going to court. This can be a quick and less expensive option. A mediator will help you reach an argument outside the court and make sure each party follows what is required of them.

Filing a Lawsuit

When the negotiations fail in alternative resolution methods, you will have to consult with the lawyer to prepare and file a lawsuit in court. You’ll have to submit the required documents, forms and claim-related information. This may be needed both online and offline. Deadlines and fees are involved, so it’s important to follow your lawyer’s guidance.

Discovery Phase

Discovery involves an investigation where both sides gather evidence to support their case. This may include exchanging documents, interviewing witnesses, and even hiring experts to provide opinions. The main goal is to uncover all relevant information before trial.

Trial Preparation

All the evidence, witness statements, and legal strategy development are done during the preparation. Your solicitor will help you understand the entire trial process and what to expect. It’s a crucial step to ensure you’re well-prepared to present your case effectively.

Settlement Negotiations

Even after a lawsuit is filed, a settlement is still possible. Lawyers for both sides often negotiate to see if they can reach an agreement without going to trial. This may save time, money, and stress, but it’s important to know the pros and cons carefully.

Post-Trial Steps

If the case goes to court, the judge or jury will make a decision. In case you win, you’ll need to take steps to enforce the judgement (e.g., collect money owed). If you lose, you may have options for appeal, but those come with their own costs and complexities.

Choosing the Right Litigation Solicitor

Here is how you can choose the right litigation solicitor as per your requirements.

Experience and Expertise

Choose a solicitor with the right experience in the specific area of law relevant to your case. Look for a proven track record of successful cases and qualifications. Research the solicitor’s credentials, case outcomes, and experience.

Client Testimonials and Reviews

Read the online reviews and testimonials from past clients to have insights into a solicitor’s performance, communication skills, and overall client satisfaction. See that there are positive reviews and field-related testimonials. Check out the reviews on reliable websites like Laweyrsorted regarding the litigation law firm of your choice in the region.

Funding Options

Litigation is a costly affair, so consider options such as no-win, no-fee arrangements. Ask for a budget estimate for the case, fixed fee rates for specific services and legal expense insurance if needed.

FAQs About Litigation Solicitors in the UK

How much do personal injury solicitors charge?

There is no set legal fee for personal injury solicitors. Some may charge you not more than 40% of your final settlement. The average fee ranges from 33% or 1/3 of the compensation. Always talk about the charges beforehand to avoid any surprises later on. In some cases, the lawyers may have “no win, no fee,” where you only pay if you win.

Is a litigator the same as a solicitor?

A litigator is a specific type of solicitor who specialises in defending a person in court and arguing in front of a judge. He/she takes part in trials, contested proceedings, and other litigation matters. On the other hand, the solicitor term is used generally for a lawyer. Solicitors may handle legal documentation and offer legal advice.

What is the average cost of litigation in the UK?

The cost of hiring a litigation lawyer may depend on how complicated your case is. The lawyer will consider things like how much evidence needs to be gathered, how many times you need to go to court and other factors. It’s important to talk to your solicitor about the possible costs at the beginning so you know what to expect in terms of budget.

What should I expect during the litigation process?

The first step is to consult with the litigation expert, initiate the lawsuit, and then take part in the initial pleadings. This may involve the exchange of documents that are relevant to the case. Then comes mediation and settlement, which may happen outside court or with court orders. A trial may be required to reach a verdict, after which the judgement is passed to provide a solution,

How long does the litigation process take?

The duration of litigation may range from a few weeks to months. There are three different stages of litigation cases: The pre-litigation process, the court litigation process, and the post-litigation process. Each process takes time for both parties to submit documentation and appear in court. In some cases, it may even take a few years to reach a verdict.

What are the costs involved in hiring a litigation solicitor?

You will have to pay a consultation fee, which is usually a fixed amount. Then, there are retainer fees to secure the solicitor for your case. There may be some out-of-pocket expenses like court fees, barrister fees, and expert witness fees. Any add-on services will amount to a fixed price or an hourly amount, which you may discuss beforehand.

Can I settle my case out of court?

Yes, you may settle the case outside the court with the help of mediation and negotiation during the UK litigation process. This may help in reaching a quicker solution instead of going to court every few weeks or months.

How can I find reliable reviews of litigation attorneys?

Go to reliable websites to find real reviews from previous clients. Look for credible reviews related to litigation services. Websites like Lawyersorted have renowned legal firms with some of the top-rated solicitors, so you can trust them. Also, check out the Solicitors Regulation Authority to ensure the solicitor’s credibility.

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