One of the key ways to resolving your dispute is sound financial advice. You get a no-nonsense opinion on whether to pursue your matter or let it go and get out before you throw good money after bad. Our lawyers will aim to put your best interest first and give you the frank advice you need.
Do you have a cause of action that the law will recognise?
We will identify your legal rights and advise you whether the law has a remedy. Your cause of action might be breach of contract, negligence, misleading or deceptive conduct, fraud, defamation etc. The appropriate remedy may be monetary compensation, an injunction, orders for specific performance, restation etc.
Have I identified and located the correct defendant?
There is no use in you suing the wrong party, a party you cannot locate or a party that is worthless. We can help you to identify all potential defendants. There may be more than one of them. We will help you decide whether the potential defendant is worth suing.
Have I got sufficient admissible evidence to make my case?
Our dispute resolution lawyers will help you uncover evidence to support your case and advise you frankly if you are try to rely on evidence that the court will not accept. If necessary we can recommend experts for essential reports or valuations and for explaining financial records.
How do I prepare my claim and file it with the correct court?
Your defendant might only take your claim seriously once you start court action. Our lawyers have the expertise to commence your action by preparing a summons or statement that concisely states your case to the court. The defendant will see that you mean business and this will improve your prospects of a settlement before the hearing.
What do I need to invest and what will be the effect on costs if I lose?
If your dispute cannot be resolved by negotiation then you have to do a careful cost/benefit analysis and a risk analysis before suing. If you sue and win the defendant may have to pay part of your costs, if you sue and lose then you can expect to be ordered to pay the defendants costs as well as your own. Our Lawyers have the experience to make estimates of these amounts.
How do I serve court documents on the Defendant?
There are strict rules regarding service of court documents on parties. We will assist you to ensure that the court papers are served so that your matter proceeds without necessary delay.
Is the defendant likely to defend the matter or cross claim against me?
There are two sides to every story. Accordingly, if you sue then prepare yourself to be read the defendant's version of events. Even worse, you may find that the defendant wishes to sue you. Cross-claims are sometimes used by defendants as a form of shock tactics. We will give you unbiased advice on whether you should reconsider your claim in the light of the defendant's version of events.
What do I do if the Defendant files a defence with the Court?
If the defendant wishes to file to disprove your claim he must file with the court a document outlining his reasons, called a defence. Our Lawyers will help you to evaluate the defence and if appropriate challenge it validity. If found not to be valid the court may be prepared to strike out the defence.
What can I do if the defence does not file a defence?
If the defendant does not file s defence in time, then you may seek a default judgement without the need for a hearing. Judgement entitles you to proceed to collect the debt by having the sheriff seize the defendant's property, by garnishee orders, by winging up in the case of a company, by bankruptcy or by installments orders.
How can I improve the chances of settling before the hearing?
Our lawyers are skilled at using those parts of the court rules that reward parties that make a genuine effort to settle. Every step of the way we will be looking for ways to settle, but only on reasonable terms to suit you.