James Pearce & Co – Litigation and Court Disputes Solicitors

James Pearce & Co solicitors are very experienced litigators and deal with both claimant and defendant litigation in respect of virtually all types of civil matters that come before the courts. Most matters are dealt with in the County Court although the High Court maintains jurisdiction in certain types of specialist or high value cases.

Proceedings, Mediation or Negotiation?

If you have a claim against an individual or business you will want to weigh up the merits and cost of issuing proceedings before doing so. In some circumstances it may be appropriate to enter into negotiations with the other side before issuing proceedings. There is now an obligation upon parties to set out the basis of their claim to the other side and to see if matters can be resolved first before issuing any proceedings. In some specialist areas (building disputes for example) a protocol has to be complied with before proceeding to court. Potential claimants are also able to take advantage of mediation services (both provided through the court and privately) which attempt to resolve disputes without the expense of going to court. We can advise on all aspects of these procedures and will consider with you what is the most productive and economical route to achieve a positive outcome.

Defending proceedings

We can advise you on what to do next if you have been served with a claim. We may need to formally enter a defence on your behalf but thereafter we can negotiate with the other side if appropriate. We aim to take a realistic approach in such matters – in some cases a meeting between the parties may be appropriate, in others not. We will liaise jointly with you to achieve a sensible solution which is fair and cost effective.

The court process

Proceedings are often involved and stressful. We are here to guide you through the often complex procedural difficulties that arise in cases whilst always being mindful of your best interests. If representation is required we will advise you on whether it is best to have specialist (barristers) representing you and the cost involved.

Costs

If you win your case you will usually recover the majority, if not the entirety, of your costs. We appreciate that litigation advice has a cost. We will be clear and transparent from the outset as to what our charges will be. We will generally try to give fixed estimates as to any work that will be carried out but where that is not possible we shall give you full details of our charging rates and our costs generally. Please ask though if there is any aspect of our costs that you do not understand – we’re happy to help.