01 March 2006
The reality is that all any dispute boils down to is a difference of opinion or of recollection. Disputes are as old as time and despite what we may hope they will be with us forever. So, how can you avoid them? The answer is that you can't, but you can prevent them from getting nasty and expensive.
• It is almost always in your power to resolve any dispute at all, by dropping it. Pride costs nothing. A typical boundary dispute will be treated as a small claim (under £5K) so even if you win you won't get costs and you may well spend £4-5k in legal fees. So ask yourself if there is any point in proceeding. Are you going to get money or just hassle?
• Take care of the basics: a good set of comprehensive, properly incorporated terms and conditions will help you win any commercial litigation and may well deter the other side from pursuing a dispute.
• If applicable, your company stationery must show the word 'limited' or it will be you who is personally liable.
• Communicate clearly to avoid misunderstandings - they can escalate, unnecessarily.
• Be realistic about your BATNA (Best Alternative to a Negotiated Settlement). Never expect a Court to give you what you want if the other side doesn't; after all, the outcome depends on one human being's judgement of the facts and it could be completely different from yours ... which is where the two-horse race comes in. And don't forget legal costs. If you lose, you will generally pay the other side's costs if the claim is over £5K. If you win, you will never, ever cover all your legal costs - you would normally expect about 75% and that means of course that you will lose 25p for every pound you spend.
If you really feel there is no choice and if your case really matters to you, then litigate. Rest assured there is justice out there. To give yourself the best possible chance consider the following:
• If you sense a dispute forming, make sure you have as much information as possible written down - it's more likely to be believed than a recollection of what was said. Keeping a diary of events can be especially helpful
• On the other hand, don't shoot yourself in the foot by entering into aggressive correspondence when a more friendly conversation might have resolved matters!
• Accuracy is also vital. Make sure you know and are clear about your facts because having to admit you're wrong in Court is not fun.
• You should also know when to settle. Over 90% of cases do so before judgement. In fact, plan to settle, don't hold out for the last penny and listen to your professional advisers.
At B P Collins, we advocate litigation only as a last resort and are now settling 50% of our larger cases by mediation, avoiding long and costly litigation for our clients. You should never litigate without good reason, but neither should you fear there is no justice if your case demands it.
B P Collins have one of the largest Litigation and dispute resolution practices in the region and a solid track record of winning cases across the range of English courts, making us arguably the most successful concentration of litigators in Buckinghamshire.
The firm is recognised by Chambers Directory as a leader in the field of commercial litigation in the Thames Valley; Tim Constable and Nick Hallchurch are listed among the ten leading individuals in this field. We also have three accredited mediators in our team, including Nick Hallchurch who is an appointed mediator to the Central London County Court. We recently confirmed our commitment to supporting the expansion of mediation expertise by launching the Thames Valley Mediators forum.
Our approach is based on clear, pragmatic and cost-effective advice. We work with our clients to look at every option for resolution and choose the best way forward. We work with individuals, SMEs and multinationals to avoid, control and win commercial disputes. We have good contacts in European and North American jurisdictions and regularly work with lawyers overseas to advance and protect the interests of our clients.
For legal advice, please contact the litigation and dispute resolution team on 01753 279037, complete the online enquiry form or email disputes@bpcollins.co.uk. |
