FAQ's for Commercial Disputes
How much is my claim worth?
In a simple debt collection claim this can be straight forward and is usually the amount owing. However, assessing loss in more complex contractual / negligence can be extremely complicated and we will advise you on an individual basis. However, the basic starting point is that the law will aim to put a successful ‘claimant’ back into the position that they would have been in had the breach of contract / negligence not occurred. The answers to these questions contained in this FAQ document are very general in nature and should not be relied upon in relation to any specific set of circumstances. Specific advice should be sought from Cohen Cramer in relation to your specific circumstances.
Will I have to pay the other side’s costs if I lose?
If you are unsuccessful the court usually makes an order that you will have to pay the other side’s costs. However, Cohen Cramer have been given the delegated authority from a leading legal expenses insurer where we can in certain circumstances quickly obtain insurance to protect you from the risk of having to pay the other side’s costs. This service is only offered by a limited amount of lawyers.
How long will it take?
This very much depends on how complicated your claim is. We are obliged to comply with the relevant Pre-Action Protocol. This means that if you are bringing a claim we are required to send a formal letter of claim to the other party which sets out the allegations against them and details of your loss. If you are defending the claim, then we will have to respond to the detailed letter of claim within the period of time set out in the Pre-Action Protocol. It is our aim to work with you quickly and efficiently to prepare the appropriate response within the required time. Some Pre-Action Protocols will provide the ‘Defendant’ to any claim with a three month period to respond to a claim. However, debt collection claims allow a much shorter period usually two weeks. If the claim is very straightforward, it may be settled shortly after the expiry of the period given. However, the more complicated claims can take between six and twelve months to reach a conclusion where they are settled without issuing court proceedings. In the event that court proceedings become necessary, it could take up to two years for the more complicated claim to be concluded. If the claim is more straightforward it is likely to be concluded within 1 year.
How do I pay for the claim?
If we think that you have a good claim / defence we will endeavour to find a way for you to fund it. This may include working on a “fixed fee” basis or, in some cases, a “no win no fee” agreement or we can investigate third party funding by way of insurance policies for example. It is important to bear in mind that if you are successful, your opponent will pay most of your legal costs. There are several options available in terms of funding your claim. Our website will provide details of the funding options available to you.
Have I got a claim?
If the claim is one that arises out of a contract we will need to establish the terms and conditions of that contract and whether or not these have been breached. Even if there has been a breach of contract, it does not always mean that there is a claim. For a claim to be successful the person making the claim must show that the breach of the contract caused the loss that is being claimed and that it was reasonably foreseeable that this loss would follow from that breach. If the claim is one that arises from negligence we will need to establish that the ‘defendant’ owed a duty of care. Once a duty of care has been established, the person making the claim will need to show that the ‘defendant’ breached that duty. In addition the person making the claim must show that the breach of the duty of care caused the loss that is being claimed and that it was reasonably foreseeable that this loss would follow from that breach. We can quickly identify whether you have a good claim / defence in either contract and /or negligence.
How long do I have to bring a claim?
There are strict time limits within which a claim must be brought in contract and / or in negligence. In contract claims, the claim must be issued within 6 years of the date of the breach of contract. In most negligence cases, the person making the claim has 6 years from the date that the ‘defendant’ was negligent or the date that the personal claiming suffered loss, to issue court proceedings for a compensation claim. However, if the person making the claim can show that they did not become aware of the negligence until later, they will usually be allowed to issue court proceedings up to 3 years from the date they found out, or 6 years from the date of the negligence, whichever is the later. Limitation can often be complex and our team can advise you on any limitation issues you may have.
Disclaimer
The answers to these questions contained in this FAQ document are very general in nature and should not be relied upon in relation to any specific set of circumstances. Specific advice should be sought from Cohen Cramer in relation to your specific circumstances.
They were very good, and handled everything promptly and effectively. I was kept updated every step of the way
