Civil Litigation

Civil litigation is a term that covers a wide range of disputes between two or more parties. Often referred to as ‘dispute resolution,’ it involves resolving disagreements through the Civil courts. However, parties are always encouraged to explore alternative dispute resolution (ADR) methods to find solutions that are less costly and time-consuming.

Commercial Litigation

Commercial litigation falls under the broader umbrella of civil litigation but focuses specifically on disputes that arise in the context of business and commercial activities. While the process for resolving civil and commercial disputes is generally similar, business disputes often involve additional complexities, such as cross-border issues.

How to Fund Civil Litigation

Entering into civil litigation can be costly, so it’s important to carefully consider all options before proceeding. ADR may offer a more cost-effective alternative and should be explored first. If you decide to move forward with civil litigation, there are several funding options available:

• Private fee paying
• Conditional Fee Agreement (commonly known as ‘no win, no fee’)
• Damages Based Agreement
• Legal Expenses Insurance
• Union Representation

At Richardson Lissack, we are upfront about potential costs so you can make informed decisions about whether or not to proceed.

Common Areas of Dispute

Contractual Disputes

Breaches of contract can occur when one party fails to fulfill their duties. Contracts may be written or oral, as long as they include essential elements like offer, acceptance, consideration, and intention. Legal advice can help identify the terms of the contract, determine any breaches, and explore potential claims, whether they involve financial compensation or specific performance of the contract terms.

Company/Shareholder Disputes

Disputes can arise between a company and its directors, such as when a director breaches their fiduciary duties. In these cases, legal advice can guide the company on the steps needed to address the issue, including removing the director.

Issues may also occur between a company and its shareholders. Shareholders may need advice on actions like winding up the company or seeking a court order to have their shares purchased at fair value if the company is being run in a way that is prejudicial to its members.

Partnership Disputes

Partnership disputes often arise when partners disagree about the direction of the partnership or when a partner wants to exit. Legal advice may be needed to help either the partnership as a whole or individual partners navigate these issues.

Professional Negligence

Professional negligence claims occur when professionals fail to meet the required standard of care, resulting in losses. Examples include claims against solicitors, accountants, or surveyors. Legal advice can help establish whether a professional’s actions breached their duty of care and assess any resulting losses.

Commercial/Residential Property Disputes

Landlord-tenant disputes are common and often involve issues like unpaid rent or breaches of lease terms. Both landlords and tenants may need legal advice to understand their obligations and rights under the lease or tenancy agreement. In some cases, landlords may seek to remedy breaches or regain possession of the property.

Inheritance Disputes

Disputes over wills and inheritance are sensitive but unfortunately all too common. These disputes might involve someone being excluded from a will or a beneficiary contesting their entitlement. Legal advice can assist both the person contesting the will and the estate defending against such claims.

Commercial Fraud

Civil litigation also includes disputes involving commercial fraud, such as allegations of deceit, fraudulent misrepresentation, breach of trust, or fiduciary duty. These cases often require careful legal guidance to navigate the complexities involved.

At Virtus LLP, we understand that disputes can be stressful and complex. Our team is here to provide clear, practical advice tailored to your unique circumstances, helping you achieve the best possible resolution.