Dispute Resolution Solicitors, York, Wetherby & Malton

Dispute Resolution FAQs

• What will bringing/defending this action cost?
• How will I pay for the action?
• Will I get my costs back from the other side, or be ordered to pay their costs?
• How long will it take to get to court?
• How do I get my money if I win?
• What are my chances?

What will bringing/defending this action cost?

Our aim is to provide cost-effective advice, and to go about dealing with the case to ensure the lowest cost to you.

It is impossible to say at the outset what the exact final cost is likely to be, as all cases differ. For certain types of case fixed fees might be available.

However, in each case we will give you the best estimate we can, based on our experience as to what the likely costs are, and discuss with you any alternative ways of resolving the dispute more cheaply.

Please also bear in mind that there is not only a direct financial cost to you, but that you will have to commit your own time to being involved in the process. This will all be taken into account when assessing the viability of the action.

How will I pay for the action?

There are a variety of funding options available. If you have legal expenses cover then, as long as your claim is accepted by your insurer, they will pay your fees. If you do not have such cover you may be able to obtain it from an 'after the event' insurer, although this kind of cover can be expensive. If you are funding the case privately, we will discuss our rates with you and normally send invoices on a monthly basis to allow you to spread the cost.

Will I get my costs back from the other side, or be ordered to pay their costs?

If the claim is worth less than £10,000, the normal rule is that you will pay your own legal costs whether you win or lose.

If it is worth over £10,000 then the normal rule is that the loser will be ordered to pay most of the winner's costs.

These are only general rules and the Judge can depart from them if he /she thinks it is just to do so, so the outcome cannot be guaranteed.

The loser is normally only ordered to pay 'assessed costs', which means the winner might receive less than they have paid their own lawyer, and the order is only of any use if the loser has the resources to pay.

There are ways of making it more likely that you will get indemnity costs (that is all of your costs), if you win by making offers to settle or to mediate, but we will discuss these with you.

You will be responsible for paying our fees, whether or not you recover anything from the other side.

How long will it take to get to court?

How long a case takes to get to court depends on the size of the case, on the issues involved and on the availability of court time.

In a straightforward small claim it might only take a few months, but in very large cases it might be over two years.

However, in cases of extreme urgency, such as where an injunction is required, you can be in Court the same day as you instruct us. Such action can, however, be costly and carry risks to you.

We will keep you informed throughout as to how the case is progressing and what the timetable is.

Parties to litigation are encouraged to exchange information before proceedings are issued, and we will always advise you on ways to resolve disputes without having to go to Court with the delay and expense that entails.

How do I get my money if I win?

If you win the case how you get paid depends on the financial situation of the loser. The more information you can give us about their financial situation the better.

However, if the loser has no money or other assets with which to pay, then the only result might be their insolvency.

We will discuss with you at the outset whether it is worth embarking on an action, if the other side has no resources with which to pay.

What are my chances?

There is no case where success is guaranteed. In some cases, the outcome depends on no more than who the Judge believes on certain key issues.

We will give a realistic assessment of the factors the Judge will take into account, and identify the evidence we will have to obtain to present your case to the Judge.

Based on our experience we will give you the best estimate we can of what the prospects of success are, and advise you on the commercial realities of your proposed case.