Most individuals and businesses who are involved in a dispute wish to avoid the time, expense and stress involved in going to court by settling their differences before proceedings take place. The recent near £25 million matrimonial settlement highlights graphically why court proceedings should be avoided. The good news is that there are formal legal processes (called ‘pre-action protocols’) to help people settle their differences, and local Lawnet member Oxley & Coward solicitors of Rotherham can help you untangle your problems and disputes with minimal hassle.
The intention of the pre-action protocol system is to ensure all reasonable steps are taken to avoid the necessity for litigation.
Oxley & Coward partner Mamoon Chaudhary stresses that firms in particular must follow these protocols carefully when considering court action: "In a recent case, a firm of consulting engineers tried to bring a claim against a large client. The way they followed the protocol, however, was so sketchy and incomplete that not only did the case get to court, the judge took such a dim view of their actions that he ordered the firm to pay the client’s costs."
Pre-action protocols exist for several different types of dispute, from defamation and personal injury to negligence and rent arrears. See www.justice.gov.uk for a full list, and an explanation of the procedures involved that include formal letters and meetings.
"It is important that the process is followed properly, so it is always helpful to have professional support in doing so," Mamoon Chaudhary continues. "It is not always easy to decide what should be included, and the insight of an independent expert can be tremendously valuable and cost-effective. We would certainly not recommend representing yourself!"
To find out how the right advice could help you settle a dispute positively, call Mamoon Chaudhary at Oxley & Coward, on 01709 510999.
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Ref: OXCOW010 – Disputes
