Case preparation
Before cases reach the civil courts there is a significant amount of work that goes on behind the scenes to make sure that everything is prepared for a judge to decide the outcome.
We help clients with the pre-action stage – before a claim form is issued. This involves liaising with the other party, exchanging letters which set out each party’s position, establishing the legal basis of the claim, any legal arguments that arise and what evidence is required to support the client’s position. We can also try to negotiate a settlement to avoid going to court altogether.
We are proud
to work with…
What is a civil claim
We do not undertake
litigation on behalf of clients
A civil case arises where Person A has been wronged by Person B and as a result has suffered some kind of loss, damage or harm. The law can require Person B to make good the wrong, either by paying compensation or somehow righting the wrong they have committed.
Civil cases cover matters such as breach of contract, consumer rights, property rights, employment issues, negligence or other wrongs such as defamation. The law generally makes provisions for when things do go wrong between two parties, however if they cannot immediately agree on a solution, ultimately it will be down to a judge to resolve the matter.
Each party needs to prepare their case and make sure that everyone understands the crux of the disagreement (pre-action) before the matter is referred into the court system (litigation).
Important
to know
We do not undertake
litigation on behalf of clients
- It is vital that you follow the pre-action steps, either if you receive notification of a potential claim or want to start a claim yourself.
- The pre-action phase allows the parties to establish what is actually in dispute, the legal basis for any claim and what the parties want to achieve as the outcome.
- You can choose to represent yourself at court, however you need to ensure that you are prepared so that you do not waste the court's time or miss the opportunity to properly put your case to the judge.
- Parties should consider alternative dispute resolution such as mediation in the pre-action phase.
- The courts will only be able to fully consider a party's case where there is supporting evidence and witness statements.
- There are different rules depending on the value and complexity of the claim. It is essential that you follow the correct procedures, even if you are a 'litigant in person'.
free
initial
help
Once you first contact us, no matter how complex your case we will provide a detailed review and a document which sets out the legal and factual issues that need to be dealt with. We will also give you basic advice on the relevant legal processes that are involved and whether you should seek specialist advice at this stage.
We do not charge for this service and you are not under any obligation to continue to work with us.
We are proud
to work with…
How can
we help?
Our team of lawyers, trainees and law students provide ongoing assistance through the pre-action phase, helping you to understand the legal issues and processes. We are a not-for-profit organisation. Fees cover our overheads and expenses and our work is covered by professional indemnity insurance.
cost
£325 per six-month period
during which we are working
on your case
Our pre-action legal assistance helps you to complete all of the pre-action steps necessary to either make or defend a civil claim.
We correspond with the other party on your behalf, respond to a Letter Before Action and provide advice about your legal position and the procedures that will apply.
We can help you with gathering the necessary evidence and witness statements to support your claim or defence, compile your bundle and write letters to explain your position to the other party. Where appropriate we can negotiate on your behalf and try to find an amicable way of resolving the issue, or help you engage in mediation.
For straightforward cases with a value of less than £10,000 we may be able to represent you in the Small Claims Court (for an additional fee) and otherwise can recommend other affordable options for representation. Or you can represent yourself.
Next step?
To request help with pre-action for a civil case, please contact our programme manager, Ben Bardell
bb [at] sequentus.org