Merton Solicitors

Litigation and Disputes FAQs – Merton Solicitors

How do I go about suing someone ?

Before going to the courts, it is best to get legal advice in Merton.  Upon receiving  liitigation solicitor’s advice, you will be able to plan the best course of action for you.  In any case, it is probably a good idea to instruct a solicitor to send a letter of claim to the other side and give them a chance to enter into negotiations with you and come to a settlement.  If informal negotiations, you might want to use mediation or arbitration to resolve a claim if it is relevant to your claim, although you should bear in mind that for mediation or arbitration to work, both parties have to be willing to enter into the proceedings and be bound by any settlement (in the case of mediation) or decision (in the case of arbitration) that is reached.  The last stage will be the courts.  Although it is best to avoid litigation if possible due to the costs and time involved, this may prove impossible.  The majority of claims will go the local County Court, which has three tracks including Small Claims, Fast Track or Multi Track.  To go to court, you will have to collect an application from your local court and state the particulars of your claim and fill out witness statements.  It is, of course, advisable to have a solicitor help you do this if you have limited legal knowledge.

Someone has sent a letter of claim to me.  What should I do ?

The most important thing to bear in mind is that it is a potentially serious issue that requires your immediate attention and you should seek legal advice as soon as possible to pre-empt the issue from escalating as litigation can prove to be expensive and time consuming if you lose the case.  By responding to the letter as quickly as possible, you will maximise your chances of being able to settle the case out of court through informal negotiations, mediation or arbitration.

If court documents have been served against you, again it is important to acknowledge the receipt of them.  If you wish to put in a counter-claim or defence, it is of course advisable to seek legal advice to do so ands Merton litigation lawyers can help.

I believe I have been unfairly dismissed from my job.  What can I do ?

If you have been employed for 12 months or longer, you may be able to take your employer to an employment tribunal.  Before doing this, it is advisable to seek legal advice so you can find out about the strength of your claim and the range of options open to you, which could include informal negotiations through your solicitor or arbitration or mediation through ACAS (Arbitration, Conciliation Advisory Service), which a body that was set-up to resolve employment law related issues outside of court.  However, you do not have to follow these routes, especially as you will not be required to pay your employer’s legal costs for an employment tribunal.

Unfair dismissal claims come in many guises.  It could be the case that your employer made your working environment so stressful that you found it impossible to carry on working.  This is known as constructive unfair dismissal.  Or, it could be the case that your employer has not followed the correct procedures required to dismiss someone (the rights to have a hearing prior to dismissal, appeal and representation).

Contact Merton litigation solicitors for further advice and assistance.