Civil litigation is a broad term that can cover a wide range of different disputes between two or more parties. Also known as ‘dispute resolution’, it’s a process where a dispute is resolved by use of the Civil courts, although at all times parties will be encouraged to engage in alternative dispute resolution (ADR), to find less costly and time consuming solutions.
Regardless of whether a dispute is classified as ‘civil’ or ‘commercial’, it will broadly follow a similar process. Disputes between businesses will, in many instances, be more complicated, and might, for instance, include cross-border issues.
Civil litigation can be costly and should not be entered into without careful consideration. ADR may offer a more affordable and cost-effective solution so every avenue should be explored prior to entering into civil proceedings. If you decide to proceed with a civil litigation dispute there are a variety of means by which to fund it. Some of the options include:
At Jeremy Gordon, we will be upfront about the likely costs so your decision about whether or not to proceed can be properly informed.
Breaches of contract can occur in a variety of circumstances where one party to a contract fails to perform their duties. Contracts can either be in writing or arise orally where the necessary elements of a contract are present (offer, acceptance, consideration and intention). Legal advice can assist in identifying the terms of the contract, what breaches have occurred and what claims may be available to a party, whether that is a claim for money or other relief, such as an order for performance of the contract terms.
Disputes can arise in business between a company its directors, for example in circumstances where a director has breached their fiduciary duties. In those circumstances, legal advice may be necessary to consider what steps can be taken by the company to remove the director.
Issues can also arise between a company and its shareholders and, in such circumstances, shareholders may need advice to consider taking steps to potentially have the company wound up by the courts or, where there is concern that the company is being run in a manner that is prejudicial to the its members, minority shareholders can apply to the court to have their shares purchased at fair value.
Partnership disputes commonly arise in circumstances where partners have fallen out in respect of the direction of the partnership or, where partners are looking to exit, the terms of that exit. Legal advice may therefore be sought by the partnership itself, or individual partners.
Professional negligence claims arise where appointed professionals have failed to act to the required standard which has resulted in a loss being suffered. Typical examples of professional negligence claims include actions against solicitors, accountants or surveyors. Legal advice can assist in establishing the scope of a professional’s duty, together with whether the actions of the professional have resulted in a breach of that duty and an assessment of what losses have been suffered because of the breach.
Disputes between landlords and tenants are not uncommon and often arise whether there has been a failure to pay rent, or whether one party is said to have breached the terms of their lease or tenancy agreement. Either the landlord or tenant may therefore need legal advice regarding their obligations owed to the other party and whether they have breached the terms of their lease/tenancy.
In certain circumstances, as well as seeking to have the breaches remedies, landlords may also wish to consider obtaining possession of the property. Again, either the landlord or tenant may require legal advice in such circumstances.
Wills and inheritance is a sensitive area of law where disputes all too regularly occur, for example where a person has either been left out of a will altogether or where a beneficiary wishes to contest their entitlement. Legal advice may be sought by either the person contesting the will, or the estate of the deceased looking to defend a claim.
A further area that falls within the remit of civil litigation is the wide range of disputes that can be categorised as commercial fraud. This includes claims, in the commercial context, where there are allegations of deceit, fraudulent misrepresentation or the commission of breach of trust or breach of a fiduciary duty, for example.
In most cases, disputes can and should be resolved through informal arrangements or alternative dispute resolution (ARD). Jeremy Gordon are experienced at negotiating for our clients and will look to resolve issues in the most cost-effective way.
Unfortunately, it’s not always possible or desirable to find a resolution without recourse to the civil courts. In such cases, we will offer professional guidance through all of the processes involved, whether you are making or defending a court action. We will provide a realistic assessment of the likely costs involved, as well as how long reaching a resolution is likely to take.
Jeremy Gordon has experience in dealing with a variety of civil litigation claims, whether acting for individuals or businesses.
Contact London +44 7700 158304 or Manchester +44 7700 164107. Alternatively you can email info@jeremygordon.co.uk
“I am really happy with and grateful for the service Stephen have rendered, which I think has been of high quality. Stephen's advice and insights have always been clear and with my best interests in mind. There are very few professionals I have worked with in either my business or personal life who have been as consistent as Stephen has at doing what he promised, at the time he promised it.”
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