What can you expect we will do for you through the stages of Litigation?

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NB. Not all stages below will be relevant to your case and are generalised for the life of a typical civil litigation case through the court system. Tribunal cases follow similar stages. If you have a specific question do not hesitate to send us an enquiry without any obligation.

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• FREE Initial Consultation (up to 30 minutes) - this includes initially talking through your case with you and if your enquiry is by email we will consider your case summary and documents that you provide.

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• Retainer - We will set up our first meeting/telephone or Zoom/Skype/WhatsApp conference to consider your circumstances in detail with you.  We are transparent on discussing our fees with you and will enquire about your ability to pay to explore fee charges and any options available for funding your case.  We will then send you our client care letter which will set out all matters discussed with you including the basis of our fees, anticipated court and other fees and any funding agreement. 

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• Initial review of papers follows completion of our due diligence and client terms being signed by you.  We will then arrange meeting[s] with witnesses and advise on merits, value of claim, costs and tactics.

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• Draft pre-action protocol letter of claim or response where applicable.

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• Drafting or consideration of any further documents, evidence and correspondence between parties and advising you on merits of the case.

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• Pre-action and post issue settlement negotiations preparation and settlement offers, including advising and reporting to you on outcomes of any discussions.

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• Consideration of type of dispute resolution method e.g. mediation/arbitration and/or forum and/or jurisdictional issues; advise you on appropriate options and implications of failing to engage.

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• Steps to achieve different dispute resolution method/forum/jurisdictional challenge or response to other party’s steps

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• Draft proceedings (statement of claim) or defence to claim and also provide you with full advice.

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• Finalising statement of claim/defence working with you through various drafts.

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• At this stage you will be required to pay Court fees for issuing any claim (including if you are defending a claim and counterclaiming in Court)

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• We will then service the claim or defence (it is usually the Court who serve the claim and defence, however, self service can be an option, ( a copy of the defence should in any event be served).

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• Review defence [and counterclaim] or response to defence and discuss this with you and advise on action required and tactics.

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• Draft reply to defence and/or Part 18 request for further information (if appropriate)

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• Preparation of costs budget for court (if appropriate)

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• Consider and prepare for summary judgment application or response to summary judgment application, including advice; reporting to you and drafting of application or defence (which ever is appropriate)

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• Consider and make settlement offers or respond to offers, including advising you and reporting to you.

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• Consider need for expert advice and/or evidence, select appropriate expert, draft initial instructions; advise and report to you.

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• Consider mediation, advise you, correspond and discuss with other side about it

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• Review and Consider costs and other side's costs budget

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• Complete Directions Questionnaire (if appropriate) 

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• Prepare for and attend first Case Management Conference including liaison with other party and court before CMC, reporting and advising you on process and outcomes

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• Own Disclosure – review of your documents, advising you, preparation of disclosure report, preparation of list of documents and service on other party

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• Other party’s disclosure – review report, list and documents, consider and make request for further documents and if necessary application for specific disclosure including reporting to you and advising you.

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• Respond to request for further disclosure from other side/application for specific disclosure including reporting to you and advising you.

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• Conference with you (either in person or Zoom/Skype/WhatsApp) to review and regroup on the conduct of your case

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• Mediation preparation (if appropriate), attending you, for preparations of reports and advising you.

 

• Amendment to statement of case/supplying further information or consideration of other party’s amendments/further information including reporting to you and advising you.

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• Taking witness proof of evidence, drafting witness statements and liaison with witnesses to finalise statements ready for exchange with other side.

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• Exchange of witness statements and review of other party’s statements including reporting to you and advising you on strengths and weaknesses of both sides of the case.

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• Considering request for further information/further disclosure/notice to admit/judgment on admission regarding other side’s witness statements

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• Preparation of supplemental witness statements (if appropriate)

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• Review of merits and advising you, including preparation for and attendance at conference with you face to face or via Zoom.

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• Making of and consideration of settlement offers and/or other settlement steps including reporting to you on any ongoing discussions and advising you on settlement

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• Discussion with expert[s] about expert meetings/draft report[s] and review of draft expert report[s]. Reporting and advising you and further liaison with expert[s]

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• Finalising expert report[s] (if appropriate) and exchange with other party

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• Review of other party’s expert report (if appropriate); reporting and advising you on drafting list of questions on report (if appropriate)

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• Further review of expert evidence with you and advising you.

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• Further review of merits, reporting to you and advising you.

 

• More settlement work (if appropriate), reporting to you and advising you.

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• Pre-trial advice to you including preparation 

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• Preparation for and attendance at Pre-Trial Review

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• Completing, issuing and serving witness summonses (if appropriate)

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• Preparation of draft trial bundle and sending to other party [or review of claimant’s draft trial bundle and providing comments to claimant]

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• Other trial preparation including meeting with you face to face to advise you on court and tribunal procedure at trial and what to expect

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• Attend trial  and put your case to the Judge or Panel

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• Work after trial by advising you on outcomes and any potential appeals process if appropriate

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• Costs and Judgment recovery work assuming victory at trial and any detailed assessment necessary

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• Advising on methods of any enforcement action required 

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