With the news that the UK economy is once again in recession and fears that the economy will continue to shrink, tightening your purse strings and counting pennies has never been more important. Yes, we are back in recession and the worst may still be around the corner. Debts and bankruptcy are on the up. Litigation in the courts is also increasing as the great British public scramble to make sure that they get what they feel they are entitled to.
Inevitably with litigation as with everything else in life, there is a cost. Does that mean that if we are owed money we should not necessarily try and recover that money? Is litigation really that costly? Will we get our money back at the end of the litigation? What happens if we lose the case?
These are the kind of questions I am asked by my litigation clients all the time and all potential litigants should also be asking the same questions. Are you happy for others to think that whatever they do to you, you still can’t afford to or simply won’t take the risk of litigation?
These thoughts must be balanced against other questions: Can you really afford to let people who owe you money, rent or have failed to do as they promised under a contract just walk away from you without any consequence? Are you really prepared to see your money disappear without doing something to protect yourself or hold others responsible?
I, for one, am not. This is simply the wrong signal to send. It screams of acceptance and fear. I have not done anything wrong. I am not afraid. I want to stand up for my rights. There is a fine balance between condoning other’s antisocial behaviour such as not paying their debts and allowing the fear of litigation to get the better of us.
So, are you considering litigation but concerned about the legal costs spiralling out of control? Do you have business needs that you need to consider, a family to look after, or a home to pay for?
If yes, then read further.
Haven’t got a clue? Need a spare quid or two?
Litigation is often misjudged as being more hassle than it is worth. Yes, litigation is time consuming, costly and can be confusing. In reality, anything worth doing at all is worth doing well and litigation is no exception to this. With the right litigation lawyer leading the way, it really can be as simple as “A, B, C”.
Advice from the right litigation lawyer can help take away those initial litigation worries that we all get. Once you have spoken to a litigation lawyer, a comprehensive advice and action plan should follow suit and before you know it, your litigation will be well under way and under control. It does not have be any more complex than that. What’s more, there are various funding options available to you ranging from different types of insurance cover, conditional fee agreements to third party litigation funding. Yes, I did just say that. There are bodies out there that may agree to fund your litigation (at a price) and that could help alleviate some of your financial worries.
What are legal costs and does the winner take all?
Normally at Court, the unsuccessful litigating party pays most of the winner’s legal costs. However sometimes, a Judge may reduce this entitlement. This is because a Judge will consider all relevant circumstances that emerge during the litigation but you will be pleased to know that in the majority of litigation cases, the winner is entitled to recover most if not all of the costs that they have expended.
It pays to have a good litigator, a good litigation team behind them, good legal arguments and sound evidence to back up your claim. They will make sure that you do not fall foul of the Courts and having won your litigation, they will help you recover as much of your legal costs as possible.
If you feel that you have a strong case, do not be deterred from taking opponents to Court simply by the issue of legal costs. Even if you lose, you still have the opportunity to persuade the Judge to evaluate your arguments when awarding legal costs. Running a successful litigation will normally result in you getting the money that you are owed and also your costs of pursuing the debtor. There may be an initial expense but bear in mind, it’s your only chance of getting your money back. Sometimes, you just have to spend money to make money.
It sure beats the idea of doing nothing…
By Kajal Sachania
Photo by: Control Arms