We all try to go through life avoiding disputes but if the worst happens and you require expert and accessible legal advice, we can be trusted to take good care of your needs. Whether you need help with a consumer complaint, contractual dispute, or a boundary fence has been placed in the wrong position, we will be there for you.
Where appropriate, we will seek to resolve the matter utilising mediation or arbitration services, but if necessary, you can trust our team to represent you in the court and/or tribunal, and to guide you through the process from start to finish. So why wait and worry? A simple phone call could make all the difference. Conditional fee agreements (“no win, no fee”) may be available for certain cases.
Once you are in receipt of any Court documents, especially a Claim form, it is absolutely imperative that you take legal advice as a matter of urgency as strict time limits will apply to the procedures relating to the claim. Similarly, if you receive a letter confirming that somebody may take a Court claim against you it is again prudent to take legal advice without delay to try to prevent such action from being commenced.
It is necessary to undertake a letter before action to comply with the Court rules which dictate that the pre-action protocol requires a proposed opponent to be placed on notice that a legal claim may be brought against them shortly. This initial correspondence should include details of the dispute and the redress being sought. Failing to submit such correspondence before commencing legal proceedings may lead to some reduction in the recovery of the costs associated with the issuing of the claim if it proceeds to Court.
Privileged documents are those which are not required to be disclosed as part of the inspection process with the opponent. If a document has been created for the purposes of a legal dispute and by this it could be with your Solicitor and/or a Barrister, then the document is confidential and therefore not disclosable.
In today’s modern world it is possible for legal costs to be met in a number of ways which
include the following:-
– Private costs payable on an hourly rate to a Solicitor
– Fixed fees which are set by us at the commencement of the matter and which will be revised as the issue progresses.
– Conditional Fee Agreements – commonly referred to as “No Win, No Fee” Agreements. If we were to agree to such a contract you would only become responsible for your legal costs upon the proviso that you are successful with regards to the matter being brought.
– Damages Based Agreement – this is similar to a “No Win, No Fee” Agreement in that again you are only liable to pay costs upon the basis that you are successful with regards to your claim. In these circumstances costs would normally not be recoverable from your opponents and would therefore be deducted as a percentage of the amount recovered.
– Trade Union funding – if you are a member of a Trade Union it may be possible to seek some form of funding as a result of your payment of union membership fees.
– Legal expenses insurance – it may be possible for you to claim upon an insurance policy relating to your house and/or car cover which would allow for legal expenses although sometimes the insurer will insist that you use their own panel Solicitor which of course restricts your freedom to choose your own Solicitor.
The general rule is that the unsuccessful party in litigation will pay part of the costs of the successful party. If such an Order is made, costs are agreed between the parties but may still be the subject of assessment by the Court. Indeed, in certain proceedings before the Court only fixed or negligible costs are allowed to be recovered even if you are successful. It is therefore imperative that you take legal advice with regards to these before launching into proceedings.
This firm is regulated by the Solicitors Regulation Authority No. 612241 (Sheffield) & 612666 (Hathersage)
Favell Smith & Lawson is a trading name of Favell Smith & Lawson Limited.
Registered in England No. 8854289.
VAT No.: 172 5631 65