Civil litigation may be time-consuming and should only be pursued after much thought. ADR might provide a lower-cost, less-stressful option that should be examined before bringing civil actions. There are numerous methods to finance a civil lawsuit if you go through with one.
Some of the options include:
- Those with private insurance, however, should not have any difficulty getting network access.
- Conditional Fee Agreement (commonly known as a ‘no win no fee’)
- Damages Based Agreement
- Legal Expenses Insurance
- Union Representation
We’ll be upfront with you about the potential fees at Richardson Lissack so that you can make an informed decision.
Where might civil litigation occur?
There are a variety of circumstances where civil litigation may be necessary, including:
Contractual disputes
Bonafide breaches of contract can happen in a variety of ways, and one party to a contract fails to fulfil their obligations. Contractual obligations can either be written or heard, and the necessary components of a contract are present (offer, acceptance, consideration, and intention). Legal counsel might assist an individual in determining the terms of the agreement as well as what breaches occurred and whether any claims may be available to them, whether for money or other forms of relief.
Company/shareholder disputes
Disputes between a firm’s directors and management over, for example, a director’s failure to fulfil his or her fiduciary responsibilities might develop. In such situations, legal counsel may be required to evaluate what measures the company can take to relieve the director.
Shareholders’ issues may also arise between a firm and its investors, and in such instances, shareholders may require expert assistance to consider dissolving the business through the courts or, if there is the worry that the company is being run unfavourably to its members, minority shareholders can file a petition with the court to have their shares purchased at fair value.
Partnership disputes
Disputes in the partnership are not uncommon, particularly where partners have fallen out over the direction of the business or when they want to leave. Individual partners or the company itself may seek legal counsel.
Professional negligence
Professional negligence claims are filed when professional experts have fallen short of the required standard and resulted in a loss. Actions against solicitors, accountants, and surveyors are just a few examples of professional negligence claims. Depending on the circumstances, legal advice can assist with determining the scope of a professional’s responsibility as well as whether their actions have caused a breach and what losses have been incurred as a consequence of the breach.
Commercial/residential property disputes
Disputes between landlords and tenants are not uncommon, especially when it comes to non-payment of rent. Whether one party is accused of breaking the terms of their lease or tenancy agreement, many disputes arise regarding obligations owed to the other party.
In specific circumstances, as well as seeking breach remedies, landlords may desire to obtain possession of the property. In such cases, either the landlord or the tenant may require legal counsel.
Inheritance disputes
Wills and inheritance are a touchy legal topic, one example being where someone has been excluded completely from a will or where a beneficiary wants to challenge their right. The individual contesting the will or the estate of the deceased wanting to defend a claim can seek legal counsel.
Commercial fraud
Litigation in this context refers to a broad range of commercial fraud disputes, including those that may be referred to as corporate scams. Claims, for example, where there are claims of deceit, fraudulent misrepresentation, or the commission of a breach of trust or fiduciary duty in the business environment.
How Richardson Lissack can help
In most cases, informal arrangements or alternative dispute resolution (ARD) should be sufficient to resolve disagreements. Richardson Lissack is familiar with contract negotiation and will seek to resolve concerns in the most cost-effective way possible.
Lissack Richardson has dealt with a wide range of civil litigation cases, both for individuals and businesses.
