Civil Litigation

• The first step is to establish whether you have a claim. Get the advice of Jeremy Roberts who will consider the law together with the relevant facts and decide whether you might have a valid claim.
• If you have a valid claim we will agree fee arrangement so you are fully aware up front of likely costs.
• We will put together the various parts of your case by interviewing witnesses and preparing witness statements and assembling all the relevant documents. If applicable we may also assemble physical evidence, photographs, etc., hire experts, and instruct a barrister. We will determine who and where the defendant is.
• You, the claimant, provides the defendant with a detailed “letter before claim” setting out the claimant’s case. The defendant then has an opportunity to respond.
• Those involved get an understanding of the strengths and weaknesses of their respective sides of the case and they might consider alternative dispute resolution (ADR) or settling out of court. This is very important because the use of ADR or the detail of settlements will affect the outcome especially since the vast majority of cases settle before they get to trial.
• If your case does get to trial, the court will, in assessing costs, consider the manner in which each party has approached discussions about ADR and settlement. If a party does not conduct such discussions seriously, then the court will almost certainly penalise that party when it assesses costs.
• If the case does go to court Jeremy Roberts will also advise you which court should hear your case - County Court, the High Court or possibly a tribunal.
• We will submit a claim form which details the claim. The defendant can reply with a defence or an admission. They may also ask for more time to prepare a defence.
• If the defendant does nothing, then in most cases the claimant can have the court enter a default judgment against the defendant.
• At the trial the parties present their evidence. Each party can question the opposing party’s witnesses is they want to challenge the other party’s evidence.
• After trial, the court will give its judgment and assign liability. They award damages and determine costs. The general rule is that the losing party pays the winner’s costs.