Dispute Resolution Solicitors
Whether your dispute is a challenge to your business or to you personally, you no doubt dread the prospect of legal proceedings as the only solution.
We understand the issues involved, and can help you resolve them quickly and effectively in one of two ways.
Mediation and Arbitration
The cost of litigation can be far more than purely financial. You risk your reputation, relationships with business partners or neighbours can be compromised, and there's still no guarantee that you'll win damages of any kind. Curwens can help diffuse the situation by mediating or arbitrating between you and the litigant, resolving the dispute before it ends up in court and the public domain.
Litigation as an Option
Curwens will analyse your dispute and give you an honest and accurate assessment of your likelihood of succeeding, clearly outlining the risks involved and offering objective and practical advice. Our team is here to help with a full range of commercial and civil litigation disputes involving;
- Business lease
- Personal injury
- Contract disputes
- Landlord and tenant disputes
- Shareholder and partnership disputes
Spiralling litigation costs are a genuine concern for anyone considering legal action. Curwens’ highly experienced lawyers can accurately cost each stage of the process so that you remain fully aware of your potential expenditure every step of the way. Debt recovery, for example, can often be achieved with a simple letter drafted by us on your behalf, with no additional action required.
Call us now to speak to one of our expert advisors.
There are various options. Firstly you should check your insurance policies which often include legal expenses cover. If the claim is accepted by your insurer then they will pay your fees. If you do not have such cover you may be able to obtain it from an ‘after the event’ insurer, although this kind of cover can be expensive.
If you are paying for our services yourself we will give you full details of our rates and indicate the approximate times when funds will be required to pursue the matter. In the unlikely event that your matter qualifies for Legal Aid, we will make sure that you are advised accordingly. Please note that Curwens does not operate a Legal Aid franchise and you will need to appoint another firm of solicitors.
Each situation has its own variations and hence it is not possible at the outset to ascertain the total cost of completing the work. We do fully understand that you will wish to keep costs to a minimum and we will assist by giving you clear explanations of your options, throughout the matter. We will give you an estimate and in some case can offer a fixed-fee service for you. We will always discuss with you whether there is greater merit in continuing the case or whether it would be more beneficial to settle. We will try to ensure that you remain in control.
Generally speaking if the claim is for less than £10,000 then each side will pay their own costs, whether winner or loser. If the claim is greater than £10,000 then the winner’s costs are normally paid by the loser. This is not always the case and the judge will ultimately decide. Even if you win and the judge orders costs be paid by your opponent, you will not always receive the whole amount and on top of this, if the loser ultimately cannot pay, then you may receive nothing.
We are experienced in managing negotiations, ensuring that the court we see how hard we worked to achieve a reasonable settlement prior to the hearing, thus aiming to keep costs down. Assuming we then win, the court will often see that the now higher costs were not our fault and will, accordingly, decide in our favour. You, our client, will ultimately be responsible to Curwens for our costs.
We cannot guarantee a particular outcome. Many factors influence a judge. He or she is human after all and the decision may come down to small details or how convincing a particular witness is, on the day. We will of course give you an assessment of the strength of your case and any factors giving concern about the outcome. With this information, we will discuss with you the cost implications of proceeding to trial versus the option of trying to come to an acceptable settlement.