Defending a civil dispute claim
Occasionally you may find yourself involved in a civil dispute where the other party feels sufficiently aggrieved that they wish to commence court proceedings against you. If you receive a letter before claim, or a court claim form, it is vital that you seek legal advice as soon as possible. Delaying in doing this may lead to the other party obtaining a judgment against you and commencing enforcement action. Our experienced Dispute Resolution team will aim to provide you with the best possible advice to help you avoid this happening.
The precise details of each matter our Dispute Resolution team regularly advise upon are as distinct as you are, as our client. No two claims are the same, no two clients are the same, and we approach you and your civil dispute defence as such – as individuals. Whether you are defending a civil claim for trespass, being evicted from a large agricultural property, or facing a civil dispute claim for breach of trust, our legal advisors understand the stress you face and the need for straightforward, common sense, advice.
When you first meet with us, we aim to swiftly assess the key facts of the civil claim you are facing, what your side of the story is, and what the strongest legal basis of your defence may be. We will also discuss with you whether the matter warrants the instruction of counsel (a barrister) on your behalf at an early stage, and will help you choose appropriate counsel with the same care as you have chosen us.
Defending a civil claim is both time and labour intensive. Our dispute resolution solicitors will ensure that you are advised of all timescales and deadlines, and that the drafting of your defence, witness statements, evidence, and expert reports are carried out with the care and individual approach you deserve. There is no escaping the fact that defending a civil claim is stressful, but we will do what we can to minimise that stress for you.
In addition to advising you as to your defence of the claim, your legal advisors will also discuss with you the merits of settlement. This may be via negotiation with the claimant’s advisors, by way of a meeting with all parties or by mediation. You will find out more about mediation in our Alternative Dispute Resolution page.