Litigation law - Frequently Answered Questions»

 

• I have received documents from the Court, I think I am being sued, what should I do?

  The most important thing to remember if you are being sued, is that time matters. If you ignore documents, they will not go away. If you do nothing, you may end up with a County Court Judgment (CCJ) against you and be blacklisted with credit agencies.

  You need to read through the documents and see what is being claimed. If there is an obvious error, and you are not the correct party, you will need to contact the Court and the person suing you to tell them. However, do not think that anything has 'gone away' until the Court confirms that proceedings have stopped.

  If you are in any doubt, you should seek professional legal advice as soon as practical. The quicker the matter is dealt with, the cheaper it is likely to be. If a judgment is made against you in default of you replying to a claim, it is likely to cost you significantly more to have it set aside that if you had sought advice at an earlier stage.

• I don't even know the person who is suing me, what is going on?

  The name of the Claimant may not be one you recognise for a number of reasons. If you are being sued for rent arrears or possession of a property, it may be the landlord's name on the form; whereas you rent the property through an agent, and may not recognise the landlord's name.

  However, more claims are being brought by lay people, especially in the current financial climate and, in particular, through the Court's 'Money Claim Online' service; mistakes are not unheard of. As above, DO NOT 'do nothing' if you are being sued, you must act quickly to keep both your costs and stress as low as possible. We have a number of specialists in litigation and can advise you as to the best course of action, even if you want to handle the matter yourself.

• I want to bring/defend a claim on a point of principle

  Disputes can become heated very rapidly and parties want to sue each other. We are more than happy to advise you in these circumstances but we will always ask you what you intent to achieve. Litigation can become expensive both in legal fees, time and costs; especially when both sides are embroiled.

  Take a deep breath and ask for some advice. We can talk to you about the merits of your claim, the likely costs involved and the potential outcomes. The position usually looks different a few months down the line when a hearing date comes up!

  For more information contact:
  Nicholas Perkins - np@deanwilson.co.uk