POINTS TO CONSIDER WHEN ISSUING COURT CLAIMS

Civil litigation is the process by which disputes between parties are resolved through the courts and it is usually expensive and the outcome often a gamble. You should not be embark upon litigation unless you have given consideration to alternative means of solving your legal problem. Whilst you will receive expert advice on the merits of your case when you instruct us here are some points which you ought to consider :-

1. What is the issue that you think litigation will resolve and can a similar result be achieved without involving the courts?

2. Is it no possible to negotiate amicably with the person or organisation to resolve your problem? Do you have neutral third party who could do this on your behalf?

3. If the issue in dispute of sufficient value to make it cost efficient to use litigation? Any claim worth less than £5,000 these days considered a small claim; this means it is not cost efficient to use a solicitor as your legal costs will usually not be recoverable from your opponent if you win your case. If you are not claiming money but seeking some other remedy then you still need to consider the matter in terms of value.

4. Is the other party worth suing? There may be not point in suing a party who has damaged your vehicle if that party is a young student who is uninsured, unemployed and does not own any property. Even if the other party does own property you need to be sure there is equity there (ie that secured mortgages and other secured loans on the property is less than the value) .It is one getting a judgement, which is a win , but quite another to get that judgement paid. If it is a limited company you need to be sure that it is solvent. Also if the individual or company has prior unsatisfied judgements registered against them then it is unlikely you will be paid.

5. Do you have a proper address for the party you intend to sue so that you can serve the legal papers? A business with only a PO Box address and no proper trading address may be difficult to litigate against and may not have assets.

6. Do you have sufficient evidence to prove your case? If there is no independent evidence or witnesses or supporting documents then your word against the other party's may not be enough.

7. Are you witnesses reliable. It is often the case that witness who recollect events and are supportive at the outset often forget at a later date or may not be so keen to appear in court when the time arrives and conveniently cannot be what they recollect. It is important to obtain written statements early on.