Civil Litigation

Overview

Pragmatic Dispute Resolution

When disputes arise, whether over a contract, a debt, or a boundary, they can quickly escalate and become costly if not managed properly. Effective litigation requires a solicitor who can assess the merits of your case, advise on the best strategy, and pursue the most efficient route to resolution.

Richard Foxton takes a pragmatic approach to civil litigation, always considering the commercial reality and exploring settlement options before proceeding to court. When litigation is unavoidable, we represent clients with tenacity and precision, protecting your interests at every stage.

Our Expertise

How We Can Help

Contract Disputes

Resolving disputes arising from breach of contract, non-performance, and contractual interpretation.

Neighbour Disputes

Handling boundary disputes, noise complaints, rights of way, and other neighbour-related conflicts.

Debt Recovery

Pursuing unpaid debts through demand letters, county court claims, and enforcement proceedings.

Professional Negligence

Claims against professionals who have failed to meet the standard of care expected of them.

Property Disputes

Disputes over property ownership, co-ownership, landlord and tenant matters, and easements.

Boundary Disputes

Resolving disputes over property boundaries using legal evidence, surveys, and negotiation.

Injunctions

Seeking urgent court orders to prevent harm or preserve the status quo pending resolution.

Mediation & ADR

Alternative dispute resolution including mediation and negotiation to avoid court proceedings.

Our Process

Our Approach

Case Assessment

We assess the merits of your case, the evidence available, and the likely costs, giving you a realistic picture of your options and prospects.

Pre-Action Steps

We follow the pre-action protocol, sending formal correspondence and exploring settlement opportunities before court proceedings are issued.

Litigation & Resolution

If court action is necessary, we manage proceedings from issue through to trial or settlement, keeping costs proportionate throughout.

Common Questions

Frequently Asked Questions

Should I try to settle before going to court?

In most cases, yes. The courts expect parties to have attempted to resolve disputes before issuing proceedings, and failing to do so can result in costs penalties. Settlement is usually quicker, cheaper, and less stressful than a trial. We always explore settlement options first.

How long does litigation take?

The duration varies significantly depending on the complexity and value of the claim. Simple county court claims may resolve within 6 to 12 months. More complex cases in the High Court can take 12 to 24 months or longer. Many cases settle before reaching trial.

What are the costs of litigation?

Costs depend on the complexity and duration of the case. We provide clear costs estimates at the outset and keep you informed as the case progresses. In many cases, the losing party is ordered to pay a proportion of the winning party's costs.

What is mediation?

Mediation is a voluntary process where an independent mediator helps the parties reach a mutually acceptable settlement. It is confidential, usually takes one day, and has a high success rate. It is generally much cheaper and faster than going to court.