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Pre & Post Litigation Experts

At Lex Vindico Group, we understand that legal disputes can be uncertain, costly, and stressful. Resolving these broad-ranging issues requires experts who know how to navigate the legal system. Our civil litigation team provides bespoke advice and representation for individuals and businesses. Whether dealing with simple claims or complex multi-track cases, we will get the best result for you by providing tailored and compassionate support.

What is Civil Litigation?

Civil litigation is the process of resolving non-criminal disputes between parties through binding law. Unlike corporate criminal cases where the state is the victim, civil claims are about failed duties leading from negligence, to financial loss (money), property rights, neighbour disputes, landlord and tenant issues, or breach of contract. Understanding civil law is key to resolving any legal disputes, especially without court intervention.  In civil law, the individual applying for the claim is referred to as the Claimant, and the person or entity defending against the claim (or responding to the claim) is referred to as the Defendant. They can also be referred to as Applicant and Respondent in specific proceedings.

Civil law usually resolves legal disputes between organisations, individuals, and businesses. Typically, civil claims seek restitution in the form of monetary compensation. It involves the use of legal procedures and rules to resolve conflicts, often to get money, enforce a contract, or protect a right. By litigating civilly, parties want to resolve their legal disputes in a structured and binding way.

Common areas of dispute in civil litigation include contractual disputesmedical negligenceclinical negligenceprofessional negligence claims, and individual/corporate fraud. Pursuing or defending a claim requires careful consideration of the evidence, following the legal process, and strategic representation to get the best outcome. Our priority is protecting your rights and ensuring your side of the story is heard.

Why Seek Expert Advice

Seeking expert advice from a civil litigation solicitor is key to resolving civil disputes. A solicitor who can navigate the civil arena, advise you on the best way forward, explain the legal process, and represent you in court. If you seek advice soon enough, your case may not even end up in Court due to proactive negotiation. This can save you time and resources.

We can help resolve disputes through alternative dispute resolution methods such as mediation or arbitration. By using our expertise, you will get better results and avoid unnecessary complications. As with anything else in life, if done correctly the first time, it saves you from having to appeal.

Why Choose Lex Vindico Group’s Civil Litigation Solicitors?

Experience in civil litigation can make all the difference in legal disputes. Lex Vindico Group offers bespoke support for your situation, using our extensive experience.

We work with leading barristers who have many years of experience in resolving disputes quickly and protecting clients’ interests. From initial consultation to final outcome, we will keep you informed, plan strategically and deliver practical solutions. Whether you are an individual or a business, our approach means your goals are at the heart of everything we do.

The three key elements of any Civil Claim

When navigating the civil arena, one must understand that every civil claim, irrespective of its nature, must contain and clearly establish three specific elements, which can be proved to the civil standard:

1. Legal Obligation/Legal Duty

Initially, a claimant must be able to establish that the other party owed a responsibility, or a duty, irrespective of whether such a duty arises out of contract, legislation or relationship.

2. Breach of Obligation or Duty

The second point is for a claimant to establish that the obligation or duty was clearly breached, whether by wrongful actions, omissions, through negligence, or even failure to adhere to contractual clauses.

3. Causation and damages

The final point is for the claimant to prove that the breach of duty, or obligation, directly and without a break in the chain of causation, enabled the claimant to suffer harm, damages or loss. The damage must be quantifiable (measurable) and can be physical, emotional, financial or reputational. The damage need not be immediate, but can also be for longevity (particularly in cases of medical and clinical negligence).

At Lex Vindico Group, our expert analysis helps break down the complexities of civil litigation into clear and actionable steps. We can seek these elements and build upon each of them based on your instructions. These elements form the foundation of your case and must be established to prevent your claim from being struck out/dismissed early on.

What are the Main Concerns People Have When Navigating Civil Cases/Civil Disputes?

At Lex Vindico Group, our experience has taught us that individuals are often anxious and worried about pursuing civil disputes. This prevents many individuals personally, and companies as a whole, from claiming their legal rights and entitlements in law. Our ethos in being results-driven, our strong track record and our foresight in law, allow us to address some concerns that you, or your company, may have, when in the fog of civil disputes:-

1. Chances of success

Right from our initial call, our qualified lawyers will help you identify your case strengths and weaknesses. In civil cases, understanding the merits of your case is crucial, as the losing party usually pays the costs. Unlike many lawyers, our experts can provide preliminary written advice on your case strengths and weaknesses following a conference. This would give you with the clarity and confidence that you require, should you wish to pursue the civil case

2. Time and duration of the case

Lex Vindico Group was founded on the premise of proactive representation. We understand the focus on and appreciate efficiency. We will assist you through the legal field swiftly whilst safeguarding your rights. Clients often feel litigation would mean waiting years for a resolution through the Courts. This is not entirely true, especially with our focus on proactivity. Our expert evaluation and mastered negotiation skills could have your matter resolved with a swift settlement.

3. Costs of legal action

Our lawyers will provide you with transparent advice about the costs involved. This ensures no surprises and allows you to weigh the costs against possible chances of success to make an informed decision.  

4. Stressful nature of litigation

Our lawyers understand the stress and emotional toll such cases can have on an individual and companies. Following our conference with you, we set out a case plan and obtained your times/dates of availability so that we can work around you. We handle the complexities to allow you to focus on what truly matters in life, your family, your career/business, and your mental health.

5. Reputational disputes

Lex Vindico Group work with media teams worldwide and understands the importance of reputation protection. We will work strategically, but discreetly, to properly safeguard your personal and professional reputation. This is particularly important when representing companies, but equally as important when dealing with personal reputation affairs.

6. Potential for Settlement VS Trial

Our proactive mindset enables us to prioritise expeditious resolutions on our clients' behalf. Once we understand your aims and objectives, we will negotiate for your rights via an out-of-court settlement. If that fails, we will provide you with the highest quality of advocacy at Court, through leading and well-respected barristers in civil litigation disputes.

The Civil Litigation Process – What to Expect?

Pre-Action Protocols

The Civil Procedure Rules Practice Direction - Pre-Action Conduct and Proposals sets out specific steps all the parties must take before issuing or defending claims to the Courts. Initially, parties must follow particular steps to resolve the dispute without any court involvement. This usually involves exchanging letters setting out the dispute and the proposed solution.

Whether you are contemplating sending a 'letter before action', or have received a 'letter before action' (also known as a Letter of Claim), Lex Vindico Group will follow these protocols to strengthen your position and explore settlement opportunities. In the first instance, this letter initiates the pre-action phase whilst outlining the claimant's grievances. In most cases, a response is required within 14 days of receipt of the letter.

Part 36 Offers in Civil Litigation

Part 36 of the Civil Procedure Rules allows for a formal settlement proposal that encourages early dispute resolution, avoiding civil litigation at Court. Part 36 offers must meet strict procedural requirements, such as a) they must be made in writing, b) they must specify a time for acceptance, and c) they must reiterate that the offer made is intended to be a Part 36 offer. These requirements ensure fairness and clarity in settlement negotiations between the parties involved.

Part 36 offers can be made by either party in the claim, the claimant or the defendant, and can be made at any stage of the case, pre- and post-litigation.

The main difference between a Part 36 offer and an ordinary non-prejudicial, out-of-court settlement offer is the imposition of significant cost consequences. If a Part 36 offer is made by one party and is rejected by the other party, the rejecting party must achieve a better outcome at Court than what the Part 36 offer originally was. Failing to achieve a better result would render the original rejection of part 36 of the offer unreasonable in the eyes of the Court. The Court would then impose significant cost consequences on the party who unreasonably refused the offer.

For claimants, a Part 36 offer can strengthen any negotiating position, potentially increasing cost awards by the Court, if they achieve a better outcome at Court. For defendants in civil litigation, Part 36 offers can act as a means to save on costs, limiting liability if their offer is refused. The important part is to obtain expert advice from specialist counsel when determining what offer you should accept/make/reject in line with Part 36 of the Civil Procedure Rules. It could be the difference between a sweeter victory and a greater loss. At Lex Vindico Group, we maximise your position whilst minimising the risks.

Filing a Claim or Defence

Formal proceedings commence once the claimant serves the Court with the Claim Form and the Particulars of Claim. These are then served upon the defendant. Making or defending a claim requires careful and strategic preparation. This means drafting documents, gathering evidence and meeting deadlines. When a claim is received, in straightforward cases, part 10 of the Civil Procedure Rules requires 'acknowledgement of service' to indicate an intention to contest the claim, within 14 days. From the date of service of the Particulars of the Claim, the Defendant has a total of 28 days to prepare and respond with a defence.

Our solicitors will guide you through every step to ensure strong and persuasive submissions. You increase your chances of winning by presenting a strong case or responding with a strong case. By being prepared, we can also prevent your case from being struck out and/or summary judgment being entered into, depending on which party we represent.

Evidence and Disclosure

A robust case is built on the quality of the evidence presented. This may include contracts, emails, financial records, medical records, or expert testimony.

Our team manage the disclosure process to ensure all relevant documents are identified and shared. Thorough preparation helps in negotiations or court hearings.

Court Proceedings and Settlements

Litigation has many stages, from initial hearings to final trials. Our solicitors will advise you on what options are available at each stage so that you are well informed throughout. At Lex Vindico Group, there are no secrets; we will be your justice partners.

Not all cases go to judgment; many are settled beforehand. By negotiating, we help our clients get the best outcome with minimal risk, cost and time.

Costs and Funding for Civil Litigation

Transparency around costs is key to managing expectations and building trust. During the initial consultation, our team will discuss costs and explore funding options that suit your circumstances.

Funding arrangements can include conditional fee agreements, private funding or other options depending on your case. Clear communication so you know what to expect financially when making or defending a claim.

Court Representation

Where alternative dispute resolution/negotiation doesn’t work, our lawyers will represent you at court. Preparation involves gathering evidence, drafting documents and presenting arguments.

Our lawyers have represented clients in county and high courts and will defend your interests at every stage. Whether you are claiming damages or defending a claim, our litigation expertise delivers results that meet your needs.

Lex Vindico Group's Civil Litigation Services

1) Medical Negligence

Medical and clinical negligence are used interchangeably to describe situations where healthcare professionals, such as doctors, have provided substandard care (based upon the accepted standards within the medical community), resulting in harm or injury to the patient.

In more recent years, medical malpractice covered under clinical negligence has extended its definition to encompass all healthcare professionals, including nurses, psychiatrists, dentists, surgeons and many more within the healthcare community.

From our initial consultation, our lawyers will assess the merits of your claim and explain the legal process. We will help you identify supporting evidence and create an itemised list of what we are likely to require in the circumstances.

What constitutes medical negligence in healthcare?

To establish any form of clinical negligence, your lawyers must develop a duty of care owed to the patient in question. Secondly, there would need to be a clear breach of that duty of care. Oftentimes, we obtain medical expertise from other healthcare professionals to comment upon whether such an action, or inaction, would amount to a breach of the healthcare professional's responsibility. Thereafter, the patient needs to have suffered quantifiable damage as a direct result of the breach. Tort law states clearly that there cannot be any breaks in the chain of causation between the healthcare professional's negligent act (breach) and the damage that the patient suffered.

Over the years, healthcare negligence has risen dramatically, evidenced by the number of successful claims made against the NHS and private healthcare institutions. Understanding the duty of care in medical negligence claims is crucial for lawyers to be able to advise you and your family properly.

What areas make up the highest number of claims in clinical negligence?

According to the national statistics, the highest number of claims is made against healthcare professionals involved in high-pressure situations where prompt decisions must be made, often leading to errors. Negligence claims in Obstetrics (non-early notification in maternity claims) hold second place in reported healthcare claims. Finally, negligence from healthcare professionals relating to surgical errors or surgical malpractice, which lead to long-term mobility issues, is another area with increased claims recently.

Why should you contact Lex Vindico Group about your clinical negligence dispute?

  • Expert legal representation - We use leading barristers and experts in the field with niche expertise.  
  • Holistic support - We also offer guidance on accessing medical care and rehabilitation services.
  • Personalised Client Care - We tailor our services to meet your and your family's needs. We care about your future and well-being.
  • Transparent Fee Structure - We provide complete transparency about our fees for any work from the start. This ensures that you will not be surprised by hidden costs or unexpected deductions when we win for you.
  • Lower Success Fees - Although many firms deduct 25% from any awarded compensation as a success fee, we charge a lower percentage. This helps you retain more of your settlement, aiding recovery and quality of life.

2) Contract Disputes

Disagreements over contracts arise when one party fails to meet its contractual obligations. Resolving these issues requires a deep understanding of the contract and its legal implications.

Our lawyers will help identify breaches, negotiate settlements or pursue enforcement. We will focus on practical solutions to protect your rights whilst minimising disruption.

3) Professional Negligence Claims

When professionals don’t meet expectations, their actions can cause financial or reputational loss, especially among regulated professionals. Pursuing compensation for negligence involves proving that the substandard service caused measurable loss and damage without any broken links in the chain of causation.

Lex Vindico Group has expertise in claims against professionals, including solicitors, health professionals, surveyors, accountants, etc. Our lawyers will work hard to get fair outcomes for clients affected by negligent advice or service and often negotiate court settlements to resolve these claims quickly.

4) Commercial Disputes

Businesses often have disputes with suppliers, partners or customers, and a law firm can help resolve these disputes. Resolving these disputes requires a balanced approach that protects the commercial relationship and the issue at hand.

Commercial litigation deals with contract disputes to complex partnership disputes. Practical solutions and robust representation mean businesses can get back to the order of business, without prolonged disruption and stress from legal issues.

5) Civil Fraud Cases - Individual, Corporate and Company Fraud

Fraud allegations can damage reputations and financial stability. Investigating claims of misrepresentation, dishonesty, or deceit requires thoroughly examining the evidence.

We can protect your interests while negotiating or litigating. Lex Vindico Group gives every case the specialist advice it requires, especially where there's potential crossover into criminal law, such as fraud cases.

Given that we also have specialist knowledge in pre-charge representation and crisis management, our lawyers can advise you on methods to adopt to prevent arrests and dawn raids. We can also advise you on proven ways to prevent the matter from becoming criminal, where instead of the worry being financial penalties and director strike-offs, the punishments would be lengthy custodial sentences.

At Lex Vindico Group, our lawyers are experts in resolving disputes efficiently to avoid prolonged civil litigation and to prevent escalation to criminal courts. We have successfully averted many crises.

What gives Lex Vindico Group the edge in fraud matters over other law firms?

We are experts in defending and prosecuting fraud matters. Therefore, we have a unique 360-degree perspective that we can bring to your life and your company. We specialise in handling complex fraud cases for individuals and companies.

How to Choose the Right Civil Litigation Solicitor

Choosing the right civil litigation law team is key to getting the best representation. Here’s what to consider:

What to Consider

  • Experience: Look for lawyers who have experience in your type of case.
  • Expertise: Look for lawyers who specialise in law that applies to your case.
  • Communication: Choose a lawyer who can communicate and negotiate well.
  • Reputation: Research the solicitors online and ask for referrals from friends or family.
  • Fees: Check the lawyer's fees and make sure they are transparent and reasonable.
  • Availability: Choose a lawyer who can take on your case and devote the time and resources to it.

By considering these factors, clients can find a civil litigation team that can handle their case and get the best possible outcome.

Get in touch with Lex Vindico Group.

Disputes can be resolved efficiently with the right legal representation. Contact Lex Vindico Group today to schedule a consultation and discuss your options. Early advice from experienced lawyers ensures your interests remain protected throughout the process.

FAQs about Civil Law

What is the difference between civil and criminal proceedings?
Can all disputes be mediated?
How long does a civil case take?
Do I have to go to court for my dispute?
What if I lose my case?
How can Lex Vindico Group help me with clinical negligence claims?

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