The
corner-stone for any successful business is of course strong credit management. However, all of us are let down by payment
promises – “The cheque’s in the post” – and a Court Judgment may
be needed to avoid a bad debt. Solicitors
are generally in the best position to help credit controllers collect the debts of a
business and we would be happy to work with you on that.
There was a time when people clearly did enjoy “having their day in Court” and viewed the risks of litigation as acceptable. Over the last 15 to 20 years, the Court Procedures have become so sophisticated, expensive and slow that few clients have any real appetite for the litigation process. The trouble is that businesses seem to face a growing number of cases where the only remedy is through the Courts, whether it be in respect of a contractual dispute, an employment problem or simply suing for recovery of money owed.
At last there is some good news to ensure that the legal system can assist the beleaguered business.
Most businesses are familiar with the Small Claims Court. Until April 1999, the limit was £3,000 but this has been raised to £5,000. The general rule in small claims litigation is that, win or lose, you are not responsible for payment of the other side’s legal costs save for any court fees paid and a fixed (and usually very low) sum which may be ordered at the court’s discretion. Of course what this means is that, if you win and have used a solicitor, you are unlikely to recover the majority of your legal costs. We recognise this problem and therefore at this firm, we offer discounted rates in respect of small claims work.
Fast Track Litigation
From April 1999, a much streamlined procedure has been available for cases with a value of less than £15,000, but more than the small claims limit. There are strict timetables and cost controls. It may not be a Rolls Royce but we know that the bulk of our clients will prefer to have a good quality Ford Escort service at this level of claim which provides a swift decision from the Court at a sensible cost. At Gillanders we are committed to making these procedures work to the benefit of our business clients.
We are able to provide advice and representation across a whole range of general and commercial disputes. These include contract claims and debt actions.
So, whether your problem relates to monies owed to you by others, whether you are unhappy with an item or service you have received or whether you are facing any such claim, we can help on a costs basis appropriate to you. Depending upon the nature of your claim or dispute, it may be possible to offer a “no win, no fee” agreement and we will discuss this with you in the event that it is an option.
We can advise you at an early stage before matters become too expensive, of your legal rights and remedies and whether you have a claim worth pursuing/defending or not.
In recent years, the courts have encouraged parties to try and resolve their disputes and to only pursue matters through the courts as a last resort. We can advise you as to the options open to you which do not involve court proceedings, including mediation where an independent third party attempts to achieve a settlement satisfactory to both parties before court proceedings are issued. These methods have been found, in many cases, to be more satisfactory to both parties and, importantly, often cheaper.
Who to contact
Please contact Mark Lynham and be
ready to provide your details (full name, business name, address,
telephone/e-mail) and brief details of your problem.
We are able to provide a short preliminary advice and quotation detailing our
fees and other likely expenses, potentially initially free of charge.