Greenwich Solicitors

Greenwich business dispute & Commercial Litigation FAQs

Someone is trying to sue me and I believe they do not have a good case against me.  How do I go about getting the case thrown out ?

Before presuming that someone does not have a good case of you, it is certainly prudent to first seek independent legal advice to verify this.  Upon confirming that there is no case to answer, you can make an application to the court using what’s called an unnecessary defence.  In your application, you will have to outline why the claimant’s case has no prospect of success and why there is no other reason as to why the case can proceed.

Do I have to get a solicitor to start litigation ?

There is no obligation that obliges you to seek legal advice. You may be able to handle your own legal affairs if you are claiming a small amount of damages/money (less than £5,000 for small claims). However, if you do not have experience in legal matters and you are hoping to pursue a complex case or large amount of money, it is certainly advisable to seek independent legal advice.  You should also bear in mind that some solicitors might be prepared to take on your case on a no win no fee basis, although you should bear in mind that this will not automatically make you immune from paying the other side’s costs in the event you lose (although there is insurance to cover this and many types of insurance premiums do provide coverage – double check with your provider).

Do I have to hand over commercially sensitive information to the other side ?

It depends on whether documents are relevant and there is proportionate reason for the other side’s request for the information.  It won’t be proportionate, for example, for the opponent to ask for a decade’s worth of financial information for a relatively small debt claim.  However, you should bear in mind that the rules are that even if documents are detrimental to your case and your business, you can be ordered to disclose this if it is relevant to the case.  If you have particularly sensitive, commercial information that you do not want to divulge, it is advisable to try and settle the dispute out of court.  In addition, you can enter into informal proceedings or mediation on a “without prejudice” basis which means the information that is divulged in the course of that process is not allowed to be revealed to the court.

How long will it take for my case to be heard in court ?

It depends on which court your case has been allocated to, and if it is the County Court, which “track”.  There are three tracks in the County Court, which are:

• Small Claims
• Fast Track
• Multi Track

For Small Claims, you will generally have to wait three to six months; Fast Track could take from six to nine months and Multi Track could take from a year to even longer.