Q) What is meant by litigation?
A) This is a form of dispute resolution. When two parties cannot reach an agreement the end result is going to Court to let a judge decide.
Q) Do I immediately go to court?
A) No, you always try and settle a dispute out of Court first and only when this is proven to be unsuccessful should you go to Court.
Q) How will my case be managed?
A) We provide an early assessment of the merits of your case and we are proactive and cost effective in seeking a successful resolution on your behalf. We will explore solutions to bring an early resolution to cases without the need for Court proceedings. However if this is not possible we deliver practical guidance and specialist representation to achieve the best results for you.
Q) Does it matter where I issue proceedings?
A) Depending upon the facts of the case it could possibly benefit you greatly if you resulted to alternative dispute resolution as this could be one of the cheapest, quickest and most effective outcomes. High Court proceedings would cost a lot of time and money. However in some circumstances it is necessary to actually go to the High Court to resolve a dispute.
Q) How can I enforce a judgment in my favour?
A) A charging order which is an Order securing a debt against property or an Attachment of Earnings Order which is where you are able to obtain payment directly from the debtors employers by an immediate reduction in their wages, could be appropriate in the circumstances. However if the Defendant is a Company then it could be more beneficial if you enforced winding up proceedings.
Q) How long will my case take?
A) At Hodgkinsons we don't allow time to pass us by, we deal with each case in an efficient manner and each case will only take as long as the system allows us.
Q) What happens if my case is an emergency?
A) If your case is an emergency then we have the specialist skills to apply to Court for an Emergency Injunction to take place within limited amount of time; this might include; (a) a Search and seizure Order to prevent a Defendant from destroying condemning evidence or, (b) a Freezing Order which freezes an Defendants bank account so that they are unable to take out existing money.
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