Civil Litigation (Commercial and Professional Negligence)
We are able to prepare complicated technical disputes with contested factual and expert evidence for trial.
We have experience of conducting professional negligence actions against architects and engineers, and claims for payment, defective workmanship and mis-supplied goods, and breach of intellectual property rights.
The majority of these cases involved counterclaims, and we have experience of acting for defendants with counterclaims as well as original claimants, in cases ranging in value from around £20,000 to over £4million.
We have worked under the Civil Procedure Rules (CPR) regime and its Pre-action Protocols since their introduction. We are therefore used to presenting and debating the factual and technical issues in a case prior to the settling of formal proceedings, and ensuring so far as possible that the opposing case(s) is (are) understood and evidenced at this stage, so as to allow an early informed risk analysis before excessive costs are incurred. Our expertise in other forms of dispute resolution, and in indirect negotiations aimed at settlement or efficient case management, help to limit the time and expense involved. A case is not brought before a Judge unless genuinely necessary, but once matters have reached this stage, we will propose a strong team of counsel and experts, and can pursue matters through to the appellate courts if need be.
We work well with specialist Counsel, experts, and factual witnesses of all levels of seniority. We aim to assess and value claims at an early stage, and estimate the cost and risk involved in pursuing or defending the action. We then consider options with our clients and agree a strategy and a budget.
Our Principal's experience as a commercial mediator provides an insight into the dynamic of a dispute. This may very well not be what it appears to be from a reading of the papers. Only certain material is relevant in litigation, and only a very limited range of remedies can be given by the court. We will attempt to understand your aims in any dispute situation and try to help you achieve them by the appropriate means.
