How a civil dispute runs.
Every stage is a chance to settle. We keep that door open throughout.
Advice on the merits
Before anything, we look at the documents and give you a frank view of the strengths, the weaknesses, the likely cost and the range of outcomes. In writing.
Letter before action
A formal letter setting out the claim and inviting a response. It often opens a negotiation and it is expected by the court later.
Mediation or negotiation
A mediator is a neutral who helps both sides find a deal. It is confidential, quick and much cheaper than a hearing. We recommend it in most commercial and neighbour disputes.
Proceedings
If it has to issue, we draft the claim, serve it, and deal with the defence. Pleadings, discovery of documents and motions follow. This is where costs mount.
Hearing
Witnesses give evidence, documents are put in, and a judge decides. Costs usually follow the event, so the loser pays most of the winner's costs as well as their own.
Enforcement or appeal
A judgment has to be enforced if the other side does not pay. Either side may appeal within a set time. We advise on both.
The things people ring us about first.
What will it cost
We give a written estimate at the outset and update it at each stage. Litigation costs are hard to fix, but you should never be surprised by a bill.
How long will it take
District Court matters can be heard within months. Circuit and High Court cases often take one to three years to a hearing. Settlement can happen at any point.
If I win, do I get my costs back
Usually the court orders the loser to pay the winner's costs, but rarely all of them, and only if the loser has the means. Cost risk runs both ways.
What is a letter before action
A formal letter setting out your claim and giving the other side a chance to resolve it. Courts expect to see one and may penalise a party who skipped it.
Is a neighbour dispute worth it
Sometimes, but boundary and right of way cases are notoriously bitter and expensive. Mediation resolves most of them at a fraction of the cost.
Bring this to a first meeting
The contract or documents at the heart of it, the correspondence, a timeline of events, and the names of anyone who witnessed what happened.
Make an appointmentTwo things you can check tonight.
Your guide, with your own figures.
Read the steps, try the calculator, then create a printable guide with your details to bring to your first appointment.
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