Litigation Civil litigation and disputes Should you become involved in a dispute over money, buying of goods or services, property disputes or claims that arise on death, we can offer you sound, practical advice on how best to resolve any claim before the matter becomes too contentious and costly to settle. Before any claim can be brought in the courts, claimants and defendants must follow a pre-action protocol for their particular claim under the Civil Procedure Rules. This involves a claimant sending a prescribed form of letter and supplying all information in relation to the claim and what is in dispute and giving a defendant 21 days to formally respond. You may find yourself in hot water with the court and liable to sanctions, such as paying the other side's costs, if the correct procedure is not followed. Make sure you have the right advice in the first place before deciding the appropriate course of action to take. Contact us for the right advice before you take any further action yourself. If proceedings become necessary we can represent you in both the County Court and High Court. Dispute resolution
Mediation or Alternative Dispute Resolution (ADR) is encouraged by the courts and is often a cheaper alternative to litigating a claim and should be attempted. To ignore a request to mediate can result in the court imposing sanctions.
We can assist you with the following types of claim
debt collection building disputes consumer contracts property repossessions landlord and tenant disputes trespass and adverse possession claims boundary, easements and property disputes negligence claims contested probate and Inheritance Act claims Personal injury We offer clear and practical advice on making personal injury claims. Challenor Gardiner are here to help, we will assess whether you have a claim worth pursuing and what sort of damages, or compensation, you might get as a result of your injuries. Liability must be established first of all before an assessment of damages can be made. Liability may be affected by your contributory negligence, an intervening event that breaks the chain of causation, your failure to mitigate your losses, your losses being too remote to claim, or, any number of legal technicalities. Make sure you have your claim properly assessed before you take matters further. Call us for an initial appointment to discuss the best way forward. 'No win, no fee' Conditional Fee Agreements are available if your case is considered suitable and you are able to obtain ATE insurance to cover to other side's costs should you lose your case. A risk assessment is carried out by us based on your instructions, the evidence available and the nature of your claim. personal injury claims, in general, must be brought within 3 years of the accident, or your 18th birthday if later, otherwise you are time barred from bringing a claim. If you are running out of time and think you might have a claim for compensation call us for an initial assessment of your case.
We can provide experienced advice on the following types of claim:
road traffic accidents (RTAs) trips, slips and falls defective premises and occupier's liability accidents in the work place criminal injuries settlements for minors Debt collection We can help both individuals and business clients with recovering an outstanding debt or disputing payment. We are experienced in providing practical and cost effective means of helping you. If a settlement cannot be achieved and mediation or ADR does not result in agreement, we can represent you in your claim through the courts to recover the money owed to you. Quite often it is straightforward obtaining judgement, but less easy recovering payment afterwards. Let us help you with the best and most appropriate course of enforcement action to take to ensure you receive the money you are owed. Call us to discuss you case and the best action to take. Read the latest claims news.