Dispute Resolution solicitors in England & Wales

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Plain-language guide

What a dispute resolution solicitor does.

A dispute resolution solicitor, still called a litigator, takes a dispute from the letter before claim to judgment and enforcement, and knows when settlement is the better result. Civil claims run under the Civil Procedure Rules with their pre-action protocols, strict timetables, costs budgeting and Part 36 offers that shift the risk of going to trial. The solicitor manages evidence and disclosure, instructs counsel, and keeps the costs proportionate to what is at stake.

When you need one

You have received a letter before claim or a claim form and must respond within a fixed time.
Someone owes you money or has caused you loss and letters have not worked.
You need an urgent injunction to stop something happening or to preserve assets.
You have a judgment and need it enforced against a debtor who will not pay.

How fees usually work

Litigation is charged by the hour and the solicitor must give you a costs estimate and update it; in multi-track cases the court approves a costs budget. Fixed recoverable costs apply to most claims up to £100,000. Conditional fee agreements and after-the-event insurance are available for some claims. Remember that the loser generally pays a proportion of the winner's costs, and ask early about a Part 36 offer.

Questions to ask before you instruct

What are my prospects, and what would it cost to get to trial?
Which track will the claim be allocated to, and what does that mean for recoverable costs?
Should we make a Part 36 offer now, and at what level?
Is mediation or arbitration a better route for this dispute?

See the listed practitioners Count clear days for a CPR deadline

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Dispute resolution solicitor questions

What is a letter before claim?

The letter the Practice Direction on Pre-Action Conduct requires before proceedings: it sets out the claim, the basis for it and what is wanted, and gives a reasonable time to respond. A claimant who issues without one, or a defendant who ignores one, risks costs penalties even if they win.

How long does a civil claim take?

A small claim can be heard within months. A fast-track or intermediate-track claim typically takes nine to eighteen months to trial, and a multi-track claim in the High Court often longer. Most claims settle before trial, frequently after a mediation or a Part 36 offer.

What happens if I lose?

The general rule is that the unsuccessful party pays the successful party's costs, assessed by the court if not agreed, which is usually between sixty and seventy per cent of what was actually spent. Fixed costs regimes and qualified one-way costs shifting in personal injury claims modify that rule.

For the practitioners listed here

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