Litigation is the means by which disputes are resolved, or rights asserted, between two or more parties, through the issue of court proceedings or Alternative Dispute Resolution (an out of court settlement).

Breach of contract or duty of care

There are two general circumstances that can give rise to litigation:

• Where a contract has been entered into and it is alleged that the terms of the contract have not been properly carried out by one or more parties, resulting in loss or damage to another
• Where a duty of care was owed by one party to another, but this has not been fulfilled, either properly or at all, or a party’s legal rights have otherwise been interfered with

Sometimes a dispute may involve both a breach of contract and a breach of duty of care, although the remedies available and time limits for pursuing these are not always the same.

Accidents

If you suffer an accident and make a claim for compensation, this is a form of litigation which arises from the negligence of another party.

Litigation situations

Other common circumstances that can result in litigation are:

• Where you have bought goods that do not work properly, are not fit for purpose, or are not as described
• Where a service you have agreed to is not provided, or is not provided to a reasonable standard
• Where you have arranged for work to be carried out and this is not done on time or with reasonable skill and care
• Where someone owes you money and has failed to pay
• Where you wish to assert a right of ownership over goods, property or land

These situations can affect you as an individual or your business.

Defending litigation

You may also be the person or business against whom action is taken for an alleged breach of contract or duty, which you deny. In either case, we can help.

Alternative Dispute Resolution

Not all disputes result in court proceedings and many are resolved through negotiation and ADR or Alternative Dispute Resolution.

Seamless service and funding

We will guide you through the process from start to finish, looking at the rights and remedies available to you and the best way of pursuing these.

We will discuss with you the options for funding any action and can assist in arranging legal expenses insurance if appropriate.