Civil Litigation covers a broad range of topics including Landlord and Tenant issues (please see our article regarding possession proceedings), neighbour and boundary disputes, professional negligence claims, Inheritance Act claims, contractual disputes, property disputes, partnership/company claims, insolvency and debt recovery. The Civil litigation team can assist if you wish to pursue a claim or if you wish to defend a claim that is being made against you. Litigation can be stressful and expensive, therefore we try to encourage disputes resolving by way of negotiation or through Mediation.
Where you have instructed and paid for the services of a professional but the advice/ service provided has been negligent and as a result you have suffered a loss. The type of professionals that could be pursued for professional negligence include: estate agents, surveyors and solicitors.
If someone close to you has recently died and there is no or inadequate provision made for you in their Will, you could possibly make a claim under the Act if you were married, partners living together for a minimum of 2 years, a child or someone financially dependant on the deceased. Any claim under the Act should be brought within 6 months of the Grant of Probate being issued.
The first step would be to look at your deeds, however these are often inconclusive. Where you go from there depends whether your neighbours agree with you. If your neighbours dispute where you think your boundary should be then you will need to seek professional advice from a Solicitor and Surveyor who will review the deeds of both properties and the legal principles that apply, and if necessary visit your property. The matter may resolve by way of negotiation with your neighbours, through Mediation or if all else fails you may have to go to Court and let a Judge decide.
There are a number of ways that you can fund a litigation claim.
Public Funding ("Legal Aid") - If you are in receipt of Job Seekers' Allowance or Income Support then you will financially be eligible for public funding. If you are on a low income you may also qualify but perhaps with a contribution. There are various other tests that have to be passed before you qualify. However many areas of litigation are now excluded from the public funding scheme.
Legal Expense Insurance - You may have an insurance policy such as your home insurance that provides you with Legal Expense Insurance. You may as well be able to obtain "After the Event" Insurance.
Privately Funded - If you are not eligible for Public Funding and do not have Insurance then we can provide you will an estimate of how much it would cost you to pursue/defend the claim.
Where you are in a dispute with another party and you have not been able to resolve the matter through negotiation, Mediation is another possible way of resolving the dispute as an alternative to issuing a claim through the Court. Mediation is designed to save parties time, money and the stress of a Court claim. Mediation can bring about settlement on terms that would not be possible to achieve through a Court.
Both parties attend Mediation, quite often with their Lawyer. A trained Mediator will usually start by letting both parties speak to explain the merits of their claim. The parties will then be put into separate rooms and the Mediator will discuss the case and try to find potential settlement grounds with each party individually and in confidence. A Mediator will then on the parties instructions try and negotiate a settlement. If a settlement is reached an Agreement is drawn up and signed by the parties. Mediation can take as little as half an hour through to a full day.
Crosse + Crosse Solicitors incorp Charles Hope & Co, 14 Southernhay West, Exeter, EX1 1PL Regulated by the Solicitors Regulation Authority - SRA number 45764 Tel: +44 (0)1392 258451 - Fax: +44 (0)1392 278938 - DX: 8313 EXETER - Email: mail@crosse.co.uk