Litigation

Samuels has one of the strongest litigation teams in North Devon. Most areas of commercial and non-commercial litigation are dealt with.

CIVIL LITIGATION

Civil litigation covers a wide range of disputes, from multi-million pound commercial litigation

CIVIL LITIGATION IN THE HIGH AND COUNTY COURTS

The procedural rules of the High and County Court have merged and the vast majority of cases now commence in the County Court with a simple claim form. Here are some important points to note:

PRE-ACTION PROTOCOLS

Parties are now expected to spend more time before proceedings in trying to resolve their disputes. Failure to do so will increasingly be penalised with adverse orders for costs. Proportionality is the order of the day. This basically means that the court will endeavour to ensure that the costs of litigation are in proportion to the value of the claim.

Small Claims (under £5,000) are dealt with under the small claims procedure.

Claims between £5,000 and £15,000

Such claims will normally be referred to the “fast-track”. In these cases, there will be a limitation of the case to a one day trial. Normally a joint expert will be appointed.

CLAIMS OVER £15,000

High value or complex cases will generally be assigned to the “multi-track”. In such cases there is not the same limitation of time and costs.

ALTERNATIVE DISPUTE RESOLUTION (Arbitration,and Mediation)

An increasing number of legal problems are now dealt with outside the civil courts.

Arbitration is a means for parties to resolve their disputes in private, using a professional arbitrator, who is often someone who has knowledge in a particular area. The findings of the arbitrator are binding on the parties and is enforceable.

Mediation on the other hand is a still less formal way of resolving disputes. A trained mediator will try and assist the parties in coming to an agreement. If unsuccessful, the mediator cannot impose a decision on the parties. Mediation can be successful in family and neighbour type disputes. We will advise clients of the availability of Alternative Dispute Resolution and whether this may be appropriate in a particular case.

FUNDING LITIGATION

Through insurance and conditional fee agreements (“no win no fee”). :

What our clients say...

"We came to Samuels after a long time getting nowhere with our case. They believed in us from the outset and saw our case through to a more than satisfactory conclusion. Samuels gave outstanding support and understanding. We would recommend them."

N. Pitcher - Bournemouth

Meet our people

Jan Samuel is just one of our team specialising in litigation.

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