Disputes – FAQ

How do I issue court proceedings?

It is always better to obtain advice from a solicitor or other qualified advisor before commencing court proceedings. The solicitor will provide advice and can also prepare the court papers. If you do it yourself, you can risk stating your case incorrectly which could result in a large cost to correct your case at a later date or the court may not allow you to do so. You could also lose your case and have a court order made against you. If you are considering a claim, please contact our disputes solicitors on 01302 341414.

The other side’s solicitors are demanding information, do we have to provide it?

You must disclose any documents relevant to the subject matter of the dispute, even if it may harm your case. However, you must consider if the information is relevant to the issues in the case. There may be documents that are privileged and do not have to the disclosed. Again, your solicitor can advise you before you disclose documents that possibly should not be disclosed.

How long will my case take to go to court?

The defendant has 14 days to acknowledge receipt of your papers and can have a further 14 days to provide a defence. The court will then send the parties a questionnaire which is used to decide how to allocate the case to one of the tracks. These are typically for debt and general claims:

Small claims track – Under £10,000 (these take 3 to 6 months)

Fast claims track – £10,000 to £25,000 (these take 6 to 9 months)

Multi track – over £25,000 (these can take significantly longer)

Please note personal injury has different lengths for the tracks. Other cases are allocated to certain tracks regardless of the size of the claim. The process of each track is different, as is the court fee payable and the costs you are likely to incur. Again, your dispute solicitor would be able to advise you here.

These are only rough guidelines of an average case, more complex cases can take considerably longer.

Where is the dispute case likely to be held?

If the defendant is an individual, the case is likely to be held in the court closest to where they are based. However, if not an individual there is no automatic transfer and can be anywhere the court decides.

For more information call our disputes solicitors today – 01302 341414 for Doncaster solicitors or 0114 272 1884 for Sheffield solicitors.

WILLS, PROBATE AND TRUSTS DISPUTES

RECOVERING A PERSONAL DEBT

LANDLORD AND TENANTS DISPUTES

BOUNDARY AND NEIGHBOUR DISPUTES

CONSUMER CREDIT DISPUTES

DISPUTES – FREQUENTLY ASKED QUESTIONS