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Litigation Solicitors
A dispute may call for a negotiated solution, a formal claim or a defence to proceedings. Highfin's published Litigation service covers civil disputes involving individuals and businesses. Identifying the issue, the evidence and the result you need is the starting point for choosing a proportionate route.
Sources checked on . This general information does not assess your individual circumstances.
Start with the issue and the objective
Explain who is involved, what is disputed and what has happened so far. A demand for payment, disagreement about property rights and complaint about professional advice require different legal analysis. Identify any court papers or approaching deadline when seeking advice.
This overview concerns England and Wales civil matters. It does not offer criminal representation or assume that a specialist tribunal uses the ordinary civil court procedure.
Jocelyn Owtram, Solicitor, is Head of Litigation and Wills & Probate. Practice-area leadership is separate from the handling and supervision arrangements for an individual matter.
Business agreements and financial disputes
Contract disputes concern the obligations agreed and the consequences of an alleged breach. Commercial disputes can involve wider business relationships. A debt claim also needs an accurate account, evidence of liability and a realistic assessment of recovery.
Use the relevant specialist page to identify the topic. Highfin must confirm the work it can accept and the terms of instruction; the service list is not a promise that every dispute can be pursued.
Property, neighbours and professional advice
Property disagreements may involve ownership, access or obligations under a lease. Boundary evidence and neighbour conduct raise different questions, even when the people and land are the same. Professional negligence requires assessment of the relevant duty, alleged breach and resulting loss.
Residential tenancy issues have dedicated Housing guidance. Will and estate disputes belong in Contentious Probate; they should not be treated as ordinary debt claims merely because money is involved.
Consider resolution alongside proceedings
Negotiation may clarify disputed facts or produce a workable agreement. Mediation uses an independent facilitator; arbitration involves a tribunal deciding a dispute under an arbitration agreement. These are different processes, not interchangeable labels.
Courts can order parties to engage in alternative dispute resolution. The appropriate method depends on the claim, procedural requirements and the parties' circumstances. Settlement is not guaranteed, and discussions do not automatically stop a legal deadline.
Preserve evidence and consider the risks
Keep the agreement, relevant correspondence, payment records and a dated chronology. Preserve material that may undermine your position as well as documents that support it. Explain what outcome is sought, such as payment, agreed work or a decision about rights.
Compare the likely benefit with cost, time and enforcement risk. A favourable judgment is not the same as receiving payment. The firm should confirm proposed work and charges before instructions are agreed.
Make a focused initial enquiry
Give the parties' names, the type of dispute and any claim number, hearing or response date. Highfin can then consider whether it can accept the matter; do not assume an enquiry creates an instruction.
Use the published Contact details. Submitting an enquiry does not protect a deadline or confirm instructions. Do not include highly sensitive evidence in an initial enquiry.
Official guidance
- Scope before action
- Confirm the work, responsible adviser and any need for separate specialist assistance.
- Costs and funding
- Ask for the basis of charging and likely additional costs. No legal-aid availability or conditional-fee arrangement is assumed.
Frequently asked questions
Your questions
Does every civil dispute need a court claim?
No. The legal issue, evidence and remedy sought determine the options. Negotiation or another resolution process may be appropriate, while some matters need a court decision.
Which page should I use for a tenancy dispute?
Use Housing for residential possession, repairs, deposits and arrears. Property Disputes addresses a broader range of property rights and disagreements.
Can I use this overview for a Scottish case?
This guidance addresses England and Wales. Another jurisdiction requires its own legal and procedural assessment.
What should I mention first if papers have arrived?
Identify the court or tribunal, claim number and any deadline or hearing. Keep all pages and seek advice promptly.
Does winning a case guarantee recovery?
No. Enforcement and the other party's ability to comply require separate consideration; costs and practical risks remain relevant.
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