Civil Litigation
Civil Litigation covers a wide range of issues from initial advice on a problem with a contract to enforcement of a Court order and all steps in between. It deals with all areas of litigation between private parties as opposed to criminal proceedings. It includes judicial review and maritime law disputes. In addition there are a number of factors, such as the type and value of any claim you may have, that also dictate the level of Court the claim is issued in. Small Claims court, which deals with cases up to a value of £10,000 is the most usual area for fixed fees to be found. However if your claim is of a higher value it is always worth discussing with the lawyer if a fixed fee could be negotiated for a specific piece of work, such as the preparation of a witness statement or particulars of claim. There are strict timescales for bringing civil claims in the Court and also when dealing with the Court directions, if you are already in proceedings. The Small Claims Court will not order either party to pay a lawyers fees if they lose. You will be responsible for any fees incurred if you instruct a lawyer to assist you in the Small Claims process.
Once you have decided to bring a claim it is necessary to issue a Claim Form at the Court and prepare Particulars of Claim which detail the issues that have led you to believe you have a claim. This fixed fee will discuss the facts of the claim with you and on the basis of the information provided will allow the lawyer to prepare draft Partculars of Claim for your approval, which can then be issued with the Claim Form at the Court.