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Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
Great Interaction
Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
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Litigation Law Guide

Nobody enjoys the idea of having to go to court. However, sometimes for justice to be done it has to happen. And if it does, it’s important to have the right people in your corner to provide advice and guidance through what can be a very stressful and lengthy process. 

litigation-law

In this guide, we’re pulling back the curtain on litigation law to help you better understand the process, how it might apply to your case, and how a litigation law solicitor might be able to help you.

At Lawhive, we understand that it’s important to our clients to know if they have a strong case, how long the process will take, how much it will cost, and what the process will look like.

Our specialist litigation solicitors and dispute resolution solicitors are on hand to provide affordable initial advice to answer your questions and give you the confidence to proceed in your best interests. 

To get started, tell us about your case to get a free case assessment and quote from our legal assessment specialists.

What is litigation?

Litigation is when people have a disagreement, and they can’t figure it out on their own. So, they bring their arguments to a court, and the court decides who’s right. 

There are different types of cases that can be tackled with litigation, but they mainly fall into two groups: civil cases and commercial cases. 

Civil litigation vs Commercial litigation

civil-litigation-vs-commercial-litigation

In both civil and commercial litigation cases, you hire a lawyer or solicitor who looks into your case and takes it to court. But there are some key differences between the two. 

Civil litigation is when two regular people have a dispute, and one needs money that they can only get through the court. Civil cases are usually simpler and can be resolved quickly. 

Commercial litigation is about businesses. It covers disputes that happen in a corporate setting, like between a company and a contractor or a shareholder. Commercial cases tend to be more complex and can take longer to sort out because business matters can be tricky.

Types of litigation claims

Intellectual Property Claims 

Intellectual property litigation is about things like patents, trademarks, and copyright.

Intellectual property infringement can happen if someone: 

  1. Uses, sells, or brings into the country a product or process you’ve patented without your permission;

  2. Uses your work, whether it’s all or just parts, without permission;

  3. Makes, offers, or sells a design you’ve registered for their own profit; 

  4. Uses a trademark that’s just like or very similar to one you’ve registered. 

In these cases, it is possible to file legal proceedings through the court. 

Employment Disputes

If you’ve been treated unfairly at work, like discrimination, wrongful dismissal, or redundancy, you can make a claim against your employer. 

Often, these types of claims result in a settlement agreement outside of court. However, sometimes a resolution can’t be found and the matter ends up in front of a judge. 

Educational Law Disputes

Sometimes, parents or guardians might feel strongly that their child hasn’t been given the support they need in school, or they’ve been treated unfairly.

This may be related to:

  • A child’s exclusion from school or college 

  • Failure to provide special educational needs support

  • A statement of special educational needs or Education and Health Care (EHC) plan

  • SEN funding decisions

  • Disability discrimination claims.

Divorce Settlement Disputes 

Sometimes, divorcing spouses or civil partners can’t agree on a fair divorce settlement or arrangements for children. 

The family court prefers for these sorts of matters to be settled out of court if possible, with the help of family mediation

However, these cases can end up in court if couples are unable to reach an agreement, in which case the court will decide for them. 

Contract Breaches 

Running a business means making contracts - whether with employees or third parties like contractors. It’s really important that everyone knows what these contracts mean and what will happen if someone breaks them.

Partnership Agreement Disputes 

Many businesses team up with different partners to help them grow. But, just like any relationship, there can be disagreements. These could be about property, who owns what, financial aspects, or other things.

Shareholder Disagreements

It’s not unusual for companies to have fights between shareholders. For example when people don’t agree on where the business should go, how it’s run, or even if there’s something illegal happening. In these cases, businesses might work with a solicitor to solve shareholder disputes to minimise the risks of arguments hurting the business.

What does a litigation solicitor do?

litigation-solicitor

When a client goes to a litigation solicitor for help, it’s the solicitor’s job to look over all of the papers and information and give advice on what to do next. They’ll decide if the client has a good chance of winning their case.

If a litigation solicitor feels a client’s case isn’t very strong, they might advise them that it’s best to settle the matter quickly. 

Litigation solicitors also file court cases, handle paperwork, and collect witness statements if they are needed. They prepare all the documents the court needs before and after the trial. Sometimes, they attend meetings to try and negotiate an agreement between parties. Or, they will facilitate alternative forms of dispute resolution, like mediation or arbitration. 

In some cases, solicitors might also represent clients in court for some parts of the case, like interim applications, conferences, or pre-trial hearings. 

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Which court is right for my case?

litigation-court

There are lots of different courts and tribunals in the UK. Which one your case ends up in depends on a few things including: 

  1. The value of your claim. If your claim is valued at less than £100,000, it will typically start in county court. Claims over this amount may be brought to the High Court. 

  2. The type of claim. If a case involves complex and technical evidence, it may be better off in a specialist court. 

A solicitor will be able to help you decide which court or tribunal is right for your case. 

How does the litigation process work?

There are multiple stages to civil litigation cases, and the process may differ depending on the different courts and tribunals in the British legal system. Here is an example of how a civil litigation matter might play out and the key stages: 

Stage

Description

Issue of proceedings

Legal proceedings begin when the claimant delivers a complaint to the defendant with a claim form and a statement of case, which details all the facts supporting the claim.

Defendant’s response

When a defendant receives a claim form and statement of case, they must respond within a specified time frame. In their reply, they can either challenge certain technical aspects of the claim (like jurisdiction issues or invalid claims) or present their defence. If the defendant introduces new facts in their defence, the claimant can deliver a reply to address these additional facts. 

Discovery

Once the complaint is filed, both parties will gather information about the case. The plaintiff might send written questions (interrogatories) to the defendant, and they can request documents (pre-action disclosure.) The defendant can do the same. This process can take a while, depending on the complexity of the case and how well the parties cooperate.

Conference For Settlement

After discovery, the court sometimes makes both parties meet and try to settle the case before  going to trial. If they can’t reach an agreement, the case moves to trial. 

Trial

At the trial, both sides present evidence to prove their claims. If one side’s case is strong, they might ask to end the case early. If it’s weak, the other side might ask the court to dismiss it. If neither happens, the trial goes on, and the judge or jury decides who wins. 

Appeal

If the defendant loses, they can ask the court to set aside the verdict if they think it’s not fair. They can also ask to lower any damages they have to pay. The court can agree or disagree with these requests. 

Final Decision

Once the court makes a final decision, the litigation ends. The winning party can collect any damages from the losing party. After the losing party pays, they get a document called a satisfaction of judgement, which shows that the winning party is happy, and the case is closed. 

What are the rules of the litigation process?

The litigation process is guided by The Civil Procedure Rules 1998. These rules cover all areas of civil litigation, including the time limits for various steps, which forms should be used, and the responsibilities of both parties. 

The goal of these rules is to resolve disputes fairly and efficiently. If parties don’t follow the rules, they can face penalties, like having to pay the other side’s costs or, in extreme cases, having their claims or defences thrown out. 

Even individuals who don’t have representation (litigants in person) are still expected to follow the rules. There’s no special treatment in terms of meeting the requirements and deadlines set by the court. 

How much does litigation cost? 

Litigation can be an expensive process, with many different costs involved, like: 

  • Court Costs: These are administrative costs paid to start a claim. The specific amount varies based on the value of the claim. Generally, the larger the claim is, the higher the court costs will be. 

  • Legal Representation Costs: These are the fees charged by your litigation solicitor for their services in managing your case. The cost can vary depending on the complexity of the case and experience of your legal representative. 

In some cases, successful parties can recover some of their legal costs from the other party. However, it’s important to note that it’s unlikely all costs will be covered. 

Get a free litigation case assessment

At Lawhive, our litigation solicitors offer their services for fixed-fees as part of our commitment to make legal help accessible to everyone when they need it. 

If you need legal advice, you can get a free case assessment from our legal assessment team to find out:

  • If you have a case;

  • How much it will cost;

  • Estimated timelines.

To get started, tell us about your case.

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