Becoming involved in a dispute/litigation can be a daunting thought. It often catches people off guard, and because you do not expect to ever have to deal with litigation, it is very normal not to know what to do or how to approach it.
We recommend in the first instance (and at your earliest opportunity), to seek independent legal advice on your legal position and what options you have available to you. This is because the focus in litigation is ‘dispute resolution’ where parties are encouraged to try to resolve their matter without the need to engage the Court.
The following tips are designed to help you navigate the early stages of litigation effectively, should you ever find yourself in this position.
Key Takeaways
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Prepare and preserve all relevant information: From the outset, gather and keep a full record of events, documents, messages, and evidence, and be open with your solicitor, as full disclosure is essential to building a strong case.
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Maintain strict confidentiality: Do not discuss the dispute with others or post about it publicly, and keep all legal advice private to avoid undermining your position or breaching legal privilege.
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Understand the process, costs, and support available: Litigation involves multiple stages, including alternative dispute resolution, and early discussions about procedure, budgeting, and legal guidance can help manage risk and expectations.
Information Gathering
First and foremost, it is crucial to understand your duty of disclosure to the court. This means that all relevant information, documents, and evidence must be preserved in case you are obliged to disclose them during the course of the litigation, even if you believe certain items may not present you in the best light.
It would be really helpful if you could gather/prepare a detailed chronology of events, diary entries, photographs, correspondence (including WhatsApp messages and social media posts), and any other materials that may be relevant to the matter. The more information you provide your legal representative with, the more accurate and tailored our advice can be. Transparency at this stage is essential to building a strong case.
Confidentiality
Additionally, once you have instructed a legal representative, it is important to refrain from discussing your matter with anyone, particularly the opposing party or company involved in the dispute. Avoid posting anything about the matter publicly or on social media, as this could inadvertently compromise the confidentiality of your case. Litigation is a sensitive process, and maintaining discretion is key to protecting your position.
It is equally important to keep all legal advice you receive strictly confidential. Sharing this advice with others, even trusted friends or family members, can have unintended consequences and may negatively impact the litigation. Legal advice is privileged and is intended solely for your benefit as the client.
Understanding the Process
Litigation has several procedural stages before a case goes to court. Parties are encouraged to engage in ‘Alternative Dispute Resolution’, which means cooperating with methods such as ‘mediations’, which are designed to reduce time and costs. It is important that you discuss these with your legal representative in more detail at the outset, so you familiarise yourself with the litigation process.
Budgeting
Litigation can be a costly process. You should ensure that you discuss fee estimates and cost implications with your legal representative from the outset and throughout every stage of the litigation process. Understanding the potential expenses and funding options can help manage any financial risks that you may be worried about.
Your Legal Representative: Howell Jones
Your legal representative is there to advise you and guide you through the process, using their expertise to ensure compliance with procedural rules. Always ask questions if you are unsure or need them to explain anything in everyday language – they are there to assist you throughout!
At Howell Jones, our specialist litigation solicitors in Surrey can assist in assessing your case and advising on the best course of action. Get in touch with our Surrey solicitors today for timely, practical, and expert legal support.
