What Happens With Disputed Claims?

If your Debtor disputes the Claim or serves a Defence our experienced team of Commercial Litigation Solicitors will review your case, assess the Defence and advise you on the merits and cost effectiveness of proceeding further. If we believe that the Claim should not be pursued we will tell you. Please contact us for help and advise on disputed claims.

If I decide I want to pursue the Claim what happens next?

There are different ways to proceed, for example we may suggest applying for Summary Judgment. This is a process that short circuits proceedings and avoids proceeding to a full Trial.

What if we need to proceed to a Trial?

If you decide that you wish to proceed with the Claim it will be allocated to one of the tracks in the Court system.

Generally if your Claim is below £10,000 it will be allocated to the Small Claims Track, anything over this tends to be more complicated and will be allocated to the ‘Fast-Track’ or in the case of Claims over £25,000 –  the ‘Multi-Track’.

What is the difference between Small Claims, Fast-Track and Multi-Track?

Apart from being differentiated by the size of the Claim the main differences are:-

• Small Claims tend to be more straightforward and are heard relatively quickly. At Lane and Co we are able to deal with these cases through to the final Hearing. We can arrange an Advocate to represent you at the Hearing if needed, although many Clients are happy to represent themselves at the Small Claims Hearing under our guidance. Small Claims tend to be more informal and are conducted in the District Judge’s Chambers (office) where the parties sit in front of the Judge and present their case.

• Fast-Track and Multi-Track cases tend to be more involved and can therefore take much longer. We will inform you of the costs as you proceed and an estimation of future costs.

Who pays the costs?

If you succeed and win your case, the general rule is that the loser pays your costs, however, if you lose you may have to pay their costs. It is crucial to take experienced legal advice on the merits of your Claim prior to commencing any Litigation procedure.

Who can help?

Our experienced Disputed Claims Solicitors can offer advice on the most commercially effective way to resolve your dispute and will deal with your matter efficiently and in a cost effective manner.