THE PROCESS OF CIVIL LITIGATION IN THE UNITED KINGDOM
INTRODUCTION
Civil law encapsulates a variety of disputes ranging from negligence to breach of contract. These queries are usually handled by compensation for damages, whether monetary funds, goods, or services. Furthermore, recovering the monies or enforcing a court order are additions to methods of resolving issues. We have a team of expert civil litigation solicitors who can advise you on the merits of your case and the best way to proceed.
THE PROCEDURES OF CIVIL MATTERS
There are certain Civil Procedure Rules that all parties must abide by, with the intention to ensure fair results. These rules contain appropriate steps to fuel reasonable costs and reasonable timescale. The main objective of the rules is to make sure cases are dealt with justly, at proportionate cost, and ensuring all parties involved are on an equal footing, consequently saving expenses. Moreover, it is imperative to assure that all matters are dealt with quickly and fairly, with justly disposing court resources to enforce compliance with the rules. These rules consequently provide the courts with ultimate control to demonstrate how each case is progressing.
TIMESCALES OF CIVIL LITIGATION
Prior to civil litigation, claimants must contact the defendant, expressing their claim with the intention that they can both reach an agreement and avoid going to the court. In this context, as litigation isn’t needed, a settlement can be the solution. On the other hand, if the courts have been instructed, a timetable is produced which must be abided. Each civil case differs, but the overriding objective is to minimise costs, therefore it will be reinforced that all parties are to act promptly so that the trial is reached in quickest time.
THE STAGES FOR CIVIL LITIGATION
There are several vital stages to be aware during civil litigation. These can be broken down into pre-litigation, the issue of court proceedings and post-litigation. Each of these steps involve several steps and processes but this is unnecessary if settled before issuing court proceedings. The pre-litigation period involves the process prior to the court involvement. It is necessary for the parties to be as transparent as possible so that all necessary information and documents are available. This leads to a more benign approach to slim the issues and enable each party to assess the possibility of a successful proceeding.
This approach gives way for a party to gain an insight whether they have a good case early on. If portrayed that their case might be weak, they could be advised to agree a settlement quickly or withdraw their claim. Contrastingly, if the claimant has a strong case, they could be advised to carry on with the litigation stage in order for the courts to intervene and concede an order which is enforceable. Contrary to the type of dispute, there are some protocols that must be followed prior to reaching the court. An example is a landlord and tenant dispute where an unfair eviction took place. In these cases, certain information may need to be supplied that wouldn’t be expected, thus requiring one’s solicitor to advise them. Pre-litigation protocols exist to encourage settlements before proceedings get to court, to encourage efficiency. If either of the parties are not abiding by relevant protocols, the court can intervene and dispose penalties. These can be exercised by one party having to pay higher rates.
If matters are unable to be resolved in pre-litigation or settlements, the court litigation will arise. County courts conventionally deal with claims under £50,000 and High Courts usually deal with £50,000 and above. Litigation begins by a defendant filing a defence if they want to contest the claim or the court can favour the claimant to their full claim amount. After a defence has been filed, the issue will be allocated to the appropriate track which attaches several interims known as directions that must be met on time. These ‘directions’ include disclosure, export reports and preparation for trial. The last stage of the process is a trial where a judge will be given to enforce a settlement. It is usually accepted that the loser of the case pays the court fees on behalf of the winner.
If there is an issue with the conclusion of the case the loser can appeal to appeal the case, sobeit there are grounds. Refusal to pay the settlement could lead to the bailiffs and other potential criminal penalties being enforced.
If you have a civil matter and are unsure of whether you can pursue a claim against an individual or business, get in touch with our expert civil litigation solicitors who can advise you on the merits of your case. Our civil litigation lawyers will provide your confidential advice, in our offices or by virtual consultation to give you clear options on how to proceed.
COMPANY LEGAL ADVICE
WHAT IS COMPANY LEGAL ADVICE?
Company legal advice refers to the guidance and assistance provided by legal professionals, like SMQ Legal, to businesses and organisations regarding legal matters that arise in the course of their commercial activities. It encompasses a wide range of legal issues and considerations that affect the operation, growth, and success of a business. Some of the areas we can help include:
CONTRACTUAL MATTERS
Commercial legal advice often involves reviewing, drafting, and negotiating contracts, such as sales agreements, supply agreements, service contracts, licensing agreements, and employment contracts. SMQ Legal can provide guidance on contract terms, rights, obligations, and potential risks, ensuring that the agreements are legally sound and protect the interests of the business.
BUSINESS FORMATION & STRUCTURE
When starting a new business, legal advice can be sought on choosing the appropriate legal structure, such as sole proprietorship, partnership, limited liability company (LLC), or corporation. Our specialist team can guide entrepreneurs on the legal requirements, registration processes, and implications associated with each business structure.
COMPLIANCE WITH LAWS & REGULATIONS
Businesses must comply with a wide array of laws and regulations that govern their industry, such as employment laws, consumer protection laws, data protection and privacy laws, intellectual property laws, and tax regulations. At SMQ Legal we can provide advice on legal compliance, help develop internal policies and procedures, and ensure that the business operates within the legal framework.
INTELLECTUAL PROPERTY PROTECTION
Intellectual property (IP) assets, such as trademarks, copyrights, patents, and trade secrets, are valuable assets for businesses. Legal advice can be sought from SMQ Legal to protect and manage these assets, including filing applications for IP registrations, drafting licensing agreements, and enforcing IP rights against infringement.
CORPORATE GOVERNANCE
Legal advice is also sought in matters related to corporate governance, including compliance with company laws, directors’ duties and responsibilities, shareholder rights, and decision-making processes. We can help ensure that businesses operate in accordance with legal requirements and best practices in corporate governance.
MERGERS, ACQUISITIONS AND BUSINESS TRANSACTIONS
Legal advice is crucial during mergers, acquisitions, joint ventures, and other business transactions. The SMQ Legal team can assist with due diligence, contract negotiations, regulatory compliance, and other legal aspects of such transactions to ensure a smooth and legally sound process.
DISPUTE RESOLUTION & LITIGATION
In the event of commercial disputes or litigation, businesses may seek legal advice to protect their interests. We can provide guidance on dispute resolution methods, such as negotiation, mediation, or arbitration, and represent businesses in litigation proceedings if necessary.
EMPLOYMENT LAW
Businesses often require legal advice on employment-related matters, including employment contracts, workplace policies, discrimination and harassment issues, employee termination, and compliance with employment laws. Our specialists provide guidance on employment practices, draft employment agreements, and help navigate employment disputes.
RISK MANAGEMENT
Legal advice can assist businesses in identifying and managing legal risks associated with their operations. This can include reviewing insurance policies, assessing potential liabilities, and implementing risk mitigation strategies to protect the business from legal challenges.
COMMERCIAL LEASES
WHAT ARE COMMERCIAL LEASES?
Commercial leases are legal agreements between a landlord and a tenant for the rental of a commercial property. They outline the terms and conditions under which the tenant has the right to use and occupy the premises for business purposes. Commercial leases differ from residential leases in that they pertain to properties used for commercial or business activities rather than residential purposes. Using SMQ Legal for commercial leases is highly recommended for several reasons:
PROFESSIONALISM
Commercial leases can be complex legal documents, often containing intricate provisions and legal terminology. Legal professionals specialising in commercial property law have the expertise and knowledge to interpret and explain the terms and conditions of the lease. At SMQ Legal we understand the legal implications and can ensure that the lease accurately reflects the intentions of both parties.
NEGOTIATION
We will work to protect your interests throughout the lease negotiation and drafting process. We will identify potential risks, loopholes, or unfavourable terms that may be present in the lease agreement. We will strive to negotiate terms that are favourable to you and ensure that your rights and obligations are adequately addressed and protected.
MINIMISE COSTS
Commercial leases often involve significant financial and legal consequences. Hiring SMQ Legal will minimise the risk of making costly mistakes or oversights that could have long-term implications. Our team will ensure compliance with legal requirements, applicable regulations, and industry standards, reducing the chances of future disputes or legal complications.
TAILORED ADVICE
Our commercial specialists can also help tailor the lease to your specific needs and circumstances. We will work closely with you to understand your objectives, business requirements, and any particular concerns. This enables us to negotiate and draft lease provisions that are customised to address your unique situation, ensuring that your interests are appropriately represented.
EXPERTISE
Having SMQ Legal on your side provides valuable negotiation skills and advocacy throughout the lease negotiation process. We will represent your interests, review and negotiate terms with the other party, and help you secure the most favourable outcomes. Our knowledge of industry standards and market conditions can contribute to achieving a fair and balanced agreement.
MINIMISE RISK
Commercial leases are subject to various laws, regulations, and local ordinances. SMQ Legal will ensure that the lease agreement adheres to these legal requirements and local jurisdiction-specific provisions. We will help you navigate complex legal frameworks, minimising the risk of non-compliance and potential legal repercussions.
PROACTIVE APPROACH
What’s more, we can anticipate future issues or contingencies that may arise during the lease term. We can draft provisions that address potential scenarios such as lease renewals, termination, assignment or subletting, alterations, and dispute resolution. This proactive approach helps manage risks and minimise potential disputes down the line.
PARTNER DISPUTES
WHAT ARE PARTNER DISPUTES?
Partnership disputes refer to conflicts or disagreements that arise between partners in a business partnership. These disputes can occur for various reasons and can have significant implications for the partnership and the individuals involved.
HOW WE CAN HELP
Partnership disputes involve complex legal issues and considerations. SMQ Legal specialises in partnership law and we have the necessary expertise and knowledge to navigate the legal complexities involved in partnership disputes. We understand the applicable laws, regulations, and legal precedents and can provide sound legal advice based on their experience.
Having an objective perspective on the dispute and helping partners understand their legal rights and obligations is very important. Out specialist team can assess the strengths and weaknesses of each party’s position and provide guidance on potential legal strategies and outcomes. Having an objective advisor can also help partners make informed decisions and avoid emotionally driven or impulsive actions.
Many partnership disputes can be resolved through negotiation or mediation rather than litigation. SMQ Legal can act as a skilled negotiator or mediator, representing the interests of our clients and working towards a mutually acceptable resolution. We can help facilitate communication, guide the parties towards a compromise, and explore creative solutions to resolve the dispute amicably.
In some cases, partnership disputes may involve complex legal documentation, such as partnership agreements, contracts, or financial records. SMQ Legal’s specialist team can review and interpret these documents, ensuring compliance with the partnership’s legal obligations. We can also assist in drafting settlement agreements or any necessary legal documentation to formalise the resolution of the dispute.
If the dispute escalates and litigation becomes necessary, we can represent the interests of our clients in court. We will prepare the necessary legal documents, present arguments, and advocate on behalf of our clients. Having skilled legal representation can significantly impact the outcome of the dispute in a court setting.
In addition, we understand the process of Alternative Dispute Resolution (ADR) Methods, providing guidance on alternative dispute resolution methods, such as mediation or arbitration. We can evaluate whether ADR is suitable for the specific dispute and, if so, assist in the process. ADR methods can often be more efficient, cost-effective, and less adversarial than traditional litigation.
Partnership disputes can have significant legal and financial implications for the parties involved. At SMQ Legal we ensure that our clients’ legal rights and interests are protected throughout the dispute resolution process. We will identify potential legal risks, advise on legal strategies, and work towards achieving the most favourable outcome for their client.
The process of resolving partnership disputes can be emotionally draining and time-consuming, potentially affecting the overall operations and productivity of the partnership. Engaging SMQ legal allows the partners to focus on their core business while we handle the legal aspects of the dispute. This helps in achieving a timely and satisfactory resolution, allowing the partners to move forward with their business interests.
DIRECTOR DISPUTES
WHAT ARE DIRECTOR DISPUTES?
Director disputes are conflicts or disagreements that arise between directors of a company. These disputes can have significant consequences for the company’s operations, decision-making, and overall governance. Just like partnership disputes, director disputes involve complex legal issues and processes. At SMQ Legal, we have the necessary expertise and knowledge of corporate law and governance principles to navigate the legal complexities involved. We can provide informed legal advice based on our understanding of the applicable laws, regulations, and case precedents.
HOW WE CAN HELP
Our team can also provide an objective perspective on the dispute and help directors understand their legal rights, obligations, and potential liabilities. We can assess the strengths and weaknesses of each party’s position, evaluate the legal implications, and provide guidance on potential legal strategies and outcomes. Our objective advice can help directors make informed decisions based on the best interests of the company.
Many director disputes can be resolved through negotiation or mediation rather than resorting to litigation. SMQ Legal can act as a skilled mediator or negotiator, facilitating discussions and working towards a mutually acceptable resolution. We can help to identify common ground, manage emotions, and guide the parties towards a constructive and amicable outcome.
If the dispute escalates and litigation becomes necessary, our barrister can represent the interests of our clients in court. We can prepare the necessary legal documents, present arguments, and advocate on behalf of clients. Having skilled legal representation can significantly impact the outcome of the dispute in a court setting.
What’s more, SMQ Legal can guide directors on complying with legal and regulatory requirements, ensuring proper corporate governance practices, and avoiding potential conflicts of interest or breaches of fiduciary duties.
Engaging our team also ensures confidentiality and attorney-client privilege. Directors can freely discuss their concerns, share sensitive information, and seek legal advice without fear of disclosure. This confidentiality can foster open communication and facilitate the resolution of the dispute.
In summary, SMQ Legal brings knowledge, expertise, and objectivity to the resolution of director disputes. We can provide legal advice, guide negotiations, represent directors in litigation, and ensure compliance with legal and governance obligations. Our involvement helps ensure that the dispute is resolved in a fair and legally sound manner, protecting the rights and interests of the directors and the company as a whole.