Litigation

Litigation is where a dispute is resolved through the Courts. Anyone has the right to bring proceedings unless there is an arbitration clause, in which case the dispute must be resolved in arbitration.

The Pre-Action Protocol for Construction & Engineering Disputes sets out a process that should first be followed before commencing proceedings. Once proceedings have been issued and the parties have filed their Particulars of Claim and Defence the Court will set down directions for the future management of the case to trial.

A typical case will involve each party having to:

• disclose the documents within their possession or control relevant to the issues in dispute
• prepare and exchange witness statements setting out what happened
• instruct experts on technical matters where appropriate

If the dispute is not settled the case will proceed to trial before a judge who will listen to and consider the evidence put before him and he will decide on the merits of the claims.

During the course of the litigation the Court encourages the parties in dispute to explore how they could settle the issues in dispute, either through negotiation or processes such as mediation.

To discuss how we can assist you please email Richard Millard or call him on 01908 692769.