The terms litigation and dispute resolution are often used interchangeably. They almost mean the same thing. Litigation is normally used for the court process itself, whereas dispute resolution is often a term used the position prior to litigation and that’s, where you try to negotiate a settlement either through informal discussions or going through mediation.
Arbitration or adjudication so where people talk about the litigation process, normally what they’re saying is: what is the court process itself and this is where you end up suing someone or their business for recovery of money or assets prior to the actual issue? The claim itself, you will be expected by the court to go through a pre action procedure which would include sending a formal letter of claim waiting for a response and also given to the side all of the information.
So they can take that into account when deciding whether to settle washing machine repairs a matter with you or to dig their heels in and ultimately ask that you take the matter to court where you actually issue the claim you would need to send off to the court a claim Form and particular claim the other side would then have the right to file their defense.
To reply to the claim at that point, the court would send out Direction questionnaires to all the parties. That is almost a tick box for, but it is an important document because it will be used by the courts way up the case at that point in time the court will pick at the bar for the first time have a look at it and decide how It would how it is going to get the matter to a trial as a result of that you’ll, receive a directions order and that will list certain steps that would need to be taken opportunity, cleaning trial.
They would include the exchange of documents that’s called disclosure, the filing and service of witness statements, so that’s. Where you flesh your claim out – and you would for the first time, set out your proper evidence to the court and the other side, the filing of expert reports, if they’re required by the court and then moving on to either the pre-trial review Hearing at which the court will determine whether the case can actually get to trial at that point or the actual trial itself and out of that trial, the court will hear all the evidence put to it and will make a decision [, Music, ].
So at the conclusion websites of the trial, the court would normally make its judgment, and at that point you & # 39. Ll receive a piece of paper to tell you if the other side own money or what is going to happen.
If they do only money and they do not pay voluntarily, then there are a number of steps which you can take to try and enforce that judgment. That means try to get the money from them. There’s. Five main steps available to enforce an a judgment against an individual and a company.
They are making an application to the court for a charge and Gorder on land or stocks and shares, and if it is on land or property, it’s. Much like a mortgage that mortgage or charging order can then be used to ultimately try to solve the property to recover your money.
From that asset, you can request the court to send out county court bailiffs or high court enforcement officers used to be known as sheriffs to the debtors property and at that point they can seek to levy goods to sale or they can try and negotiate a payment Plan direct: if the person is in employment, then you can apply for an attachment of earnings, order against their wages and a certain amount of money will come out of their monthly income and we paid a new direct.
If you are aware, for example, that your debtor has a bank account which may be in credit – and you can apply for a third party debt order against his bank – account to recover your monies direct from there.
Should the amount which is due to you be over five thousand pounds in respectively, an individual or over 750 pounds in respect of a company? Then you can apply either to make the individual bankrupt or to wind up the company at asta person were able to assist.
You or your business, but then in dispute you may unfortunately find yourself fit that can include unpaid bills,clock repair intellectual property disputes, landlord and tenant issues all in fulfilled contractual terms.
We also have particular experience in respective property disputes, landlord and tenant disputes. Debt recovery and asset recovery, should you find yourself in the disputes the nat aster person we are here to guide, advise and support you, please feel free to look at our website for more information or contact the team to arrange an appointment.
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