Scarmans

Dispute Resolution & Civil Litigation

Our specialist litigation and dispute team has vast experience pursuing and defending in many types of civil and commercial disputes and can help if you are in a dispute with a company or individual.

We recognise that a dispute can have an enormous financial and disruptive impact and so we aim to resolve issues quickly and without resorting to litigation; but if that fails, we will take the necessary action to fully protect your position.

We offer expertise in a wide range of disputes including among others contractual and commercial, civil fraud and investigations, assets tracing and recovery, property including intellectual, probate, personal and corporate insolvency.

Before commencing any litigation it is important to establish that the potential defendant has the means in which to pay should you succeed, either in funds or assets.  If the potential defendant does, then under Civil Procedure Rules we are required to send a letter before action to the potential defendant, prior to proceedings being issued. In essence a short rehearsal of your claim, the breach that has occured and your losses. Scarmans aims to resolve the dispute at this stage as it will be cost effective. In many cases, we are able to offer a fixed fee at this stage.

Should the letter before action be ignored, or contested, we will then issue a claim and formal proceedings before the Court will commence.

In some circumstances, it will necessary that ADR (Alternative Dispute Resolution) is engaged with the other party. This could be simply entering into "without prejudice" discussions with the other party or engaging in mediation with a neutral mediator.

It is important to note, that the general rule is that the unsuccesful party pays the successful party's costs - this could be during the proceedings for interim applications and at the final determinative hearing. Even where successful, the winning party's costs are not necessarily all paid. It is important that you have sufficient funds to bring and defend a claim.

In limited circumstances an individual or business may have insurance policies that cover for legal expenses. Further in particularly strong cases involving a large financial dipsute, litigation funding may be available. 

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10 Lower Thames Street, London, EC3R 6AF
T: 0203 976 2452
E: email@scarmans.co.uk