FAQs

What is Mediation?

There is no doubt that discussions between parties in a dispute with the assistance of a solicitor can prove extremely productive. However, sometimes negotiations can need a boost and parties may find it advantageous to invite a third party to effectively mediate the dispute. That party is completely independent and trained in mediation. His or her role will be to bring the parties together, to narrow the issues and attempt to reach a settlement if one is at all possible. The success rate is extremely high and it can prove a considerable saving in legal costs. Having said that, the cost of instructing a mediator can be significant and preparation for the mediation (including having your points to argue) is most important.

What is the cost of going to Court?

This is a most difficult question. We are particularly conscious of the fact that many individuals and indeed companies are put off at the prospect of bringing a case or indeed successfully defending a claim on the basis that they fear that the cost of going to Court will be too much. Solicitors sometimes do not help in that we are obliged to provide information to clients as to the maximum exposure should you proceed to a trial. Obviously, going to trial is expensive. However, it is also important to note that only approximately 5% of cases actually get to a final trial with many being disposed of before that stage either by settlement or indeed mediation.

The actual cost will depend very much upon the nature of your claim, how complicated the issues are, what documents may exist and other numerous related matters which we can advise you upon. The amount at stake is not necessarily a guide. In particular, it is common to have clients who have say a £50,000 claim for a debt which has not been paid which is extremely straight forward to pursue. However, other clients can have a very difficult contractual situation to analyse with a value of £5,000 and yet the costs will be much greater in the second scenario.

It is best to have substantive advice on the likely cost of a trial from your legal advisor.

Is it possible to undertake cases on a Conditional Fee Basis?

Langleys does offer a range of different funding products to assist clients with the cost of litigation. We accept that litigation is expensive and unpredictable. We therefore attempt to make the process easier by considering with you at the outset the possible means of funding your case. 

Although all cases are subject to a detailed analysis by the firm, it is possible to consider entering into a Conditional Fee Agreement in which our costs are related to performance. Some clients may well find this of assistance on the basis that we as a firm are successful if you are successful with your litigation. We also have a number of cases at any one time which means that we can absorb both successful and unsuccessful results so that the cost for you the client can be substantially reduced in the event that you do not get the result which you were hoping for.

Can I get insurance to cover my claim?

Insurance for litigation has now been available in the market place for a number of years. However, the take up by individuals and companies has been extremely small. This is substantially due to the very high premiums which are suggested by the insurance companies which effectively represents the cost of litigation and also it unpredictability. Having said that, insurance is appropriate for a number of litigants in order to protect their position just in case the litigation is not successful. If you are interested in insurance, we can discuss the matter in greater detail with you and indeed have contacts with a number of agents who can put us in touch with insurers who may offer the most appropriate deal for you.

What is a risk assessment?

Litigation and Dispute Resolution are all about assessment of risk. You should not go to a Trial or indeed issue proceedings unless you have had a thorough analysis as to the merits of your claim before issue and during the course of the claim. If you misjudge the position and the risk, you may have to withdraw from the proceedings and pay the other parties legal costs which could be substantive. Unfortunately, the law is extremely complicated and we believe that there is no substitute for having a decent analysis of the risks associated with your claim before you take any further action. In particular, it is then possible to put the claim in a financial context and work out whether the claim should be pursued accordingly to merits, the costs and also your commercial considerations more generally.