Civil Litigation For Individuals

Guiding you through dispute resolution

We have one of the most successful and busy civil litigation practices in Coventry and Warwickshire. Being embroiled in a civil dispute, be it related to a contract, property, professional negligence, Probate, debt, or insolvency is one of the most stressful events a person or business can go through. What we do best is taking the matter off your shoulders and using our expertise to devise a winning strategy to settle the dispute as quickly and cost-effectively as possible.

We are a diverse, multi-lingual Coventry and Warwickshire law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective civil litigation advice and representation.  Our solicitors have many years of experience meaning that we have a robust reputation for excellence with the UK’s best Barristers and Queen’s Counsel, forensic accountants, industry experts, insolvency professionals, and surveyors who will, when needed, bring additional support to our Civil Litigation Department.  Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.

What are the main components of litigation costs?

The costs of litigation vary depending on the complexity of the matter and the amount of disclosure involved, but can include:

• Solicitor and Barrister fees
• Court fees
• Expert opinion and reports
• Other disbursements (defined as costs that cannot and do not include any element of profit for that party or for the solicitor acting for them)
• Costs associated with seeking permission to apply for Judicial Review

Appealing a decision can, of course, further add to the costs of litigation; however, costs at the Court of Appeal tend to be lower than the High Court, as a bulk of the work has already been done.  But if permission to appeal is not granted by the High Court and must be sought, appeal costs can ratchet upwards. 

What is a Part 36 offer?

Part 36 offers refer to case settlement offers made pursuant to Part 36 of the Civil Procedure Rules (CPR).   Lord Justice Moore-Bick described Part 36 offers in Gibbon v Manchester City Council [2010] EWCA Civ 726, [2011] 2 All ER 258 as:

“to encourage settlement and to enable those who make sensible offers to protect themselves against liability for the costs incurred in the continuation of proceedings to no ultimate advantage.”

Part 36 offers can be entered into at any time during the claim proceedings, including throughout the trial.  They are usually related to monetary claims but can be used in other scenarios, such as dealing with declaratory actions.

Part 36 offers must state a ‘relevant period’ in which it can be accepted.  The ‘relevant period cannot be less than 21 days.  If the Part 36 offer is accepted within the ‘relevant period’, the Claimant can recover most costs (legal fees and expenses relating to the case, such as expert fees) up until the acceptance date.  If the offer is accepted after the ‘relevant period’ has expired, the Court can decide on liability for costs if the parties cannot reach an agreement between themselves.

Will my dispute go to Court?

It is unlikely as most civil litigation cases are resolved outside of Court. Of course, we are ready to litigate; however, this is never our first response. We start by listening – understanding how your dispute came to be and do everything possible to settle the argument through Alternative Dispute Resolution methods such as negotiation, mediation, adjudication (in relation to construction disputes), or arbitration.

Our Civil Litigation Solicitors do not fall back on off the shelf solutions, our approach is always value-based. We constantly balance the value of the result you could achieve with the costs of accomplishing such an outcome and advise you on whether it is in your best interests to pursue a particular course of action.

Why choose us?

People choose and recommend us not just in Coventry, Rugby and Leamington, but across the Midlands and the whole of the UK, because we get results and in a majority of cases settle disputes outside of Court. Our Civil Litigation Solicitors are all based in Coventry and will take care of your case, ensuring you understand the options available and get the advice you need to protect your best interests.

To talk to one of our Coventry based Solicitors about a civil litigation matter, please call us on Coventry (02476) 231000, email enquiries@askewslegal.co visit us at our offices in Coventry.