DISPUTE RESOLUTION
Our Dispute Resolution Guidance Documents are designed to provide individuals and businesses with information on a range of legal matters and procedures that they might find themselves facing.
Please see below Dispute Resolution Guidance Documents that are available.
Allocation and Directions Questionnaires
Once a claim becomes defended and a copy of the Defence is filed at Court, a Court officer will determine which track a claim is to be allocated to. Find out more about this process.
Case Management Conference
A Case Management Conference is usually an in-person hearing at which the Court sets out how a claim will be conducted, and the future timeline up to and including trial.
Disclosure
Disclosure is the stage of litigation where the parties set out details of the documents relevant to the dispute, upon which they will rely during proceedings. We discuss the type of document that would be suitable.
How to check if a debtor has assets in order to pay a judgment debt
Before embarking on time consuming and potentially expensive litigation against an individual or company, it is worth checking if that individual or company has sufficient assets to pay any judgment debt.
Making a person bankrupt and bankruptcy petitions
We look at the situations whereby a third party creditor wishes to make an individual bankrupt.
Setting aside a statutory demand
If an individual receives a statutory demand and they dispute the debt, or part of it, they must apply to have the statutory demand set aside within 18 days of being served with it.
The Professional Negligence Pre-Action Protocol (PNPAP)
If a party does not follow the PNPAP or fails to provide good reason for not following it, the Court can impose costs sanctions for their failure to comply.
Witness statements
In order to prove a case or defence, parties need to rely on evidence, including witness evidence. Witnesses can comment on any documents already produced as evidence, or provide any additional information to what’s already included.
Application to prevent the presentation or advertisement of a winding up petition
It is very important to a company that a winding up petition is not issued, and as a minimum, not advertised.
Costs Management
The Court has the ability to manage the costs incurred by both parties in a trial, as well as deciding which of those costs are recoverable from the losing party after a trial.
Enforcement of judgments
In some instances, debtors do not always pay the funds they owe by the date given. Therefore, there are a number of methods available to creditors to seek to recover that debt.
How to set aside a default judgment
If a Defendant fails to respond to a claim, the Court can issue a default judgment against them. If the Defendant wishes to challenge this, they may apply to have the judgment set aside.
Mediation
Mediation is where parties voluntarily agree to participate in a meeting with a third-party, independent mediator to see if an agreement can be reached.
Statutory demands
A statutory demand is a formal written document from an individual or company demanding payment of an outstanding debt within 21 days. But what does the process of serving a statutory demand entail?
What to expect at a trial
It is important for parties involved in a trial to prepare thoroughly and put themselves in the best position possible to succeed in either bringing or defending a claim. We highlight some key points to consider.
Business debt recovery
Cashflow is key to any business surviving and being successful. Our business debt recovery guide sets out the different options that are available to businesses when pursuing another company for an unpaid invoice.
Before issuing a claim at Court
If you have been unable to resolve a dispute, you may be left with no alternative but to issue formal Court proceedings. We set out what to consider before setting out on a formal Court route.
Debt recovery – late payment of commercial debts
Timely payment of invoices is crucial to the smooth running of a business. But what remedies are available when a customer continually pays invoices late?
Enforcement – taking control of goods using writs and warrants of control
There are various forms of enforcement available to creditors to seek to recover the sums that they are owed.
Issuing and serving a Court claim
If you have decided the only way to resolve a dispute is to issue formal Court proceedings, there are a number of steps to take to formally issue a claim at Court.
Responding to a claim
If you’ve been served with a claim either by the Court or a Claimant, it’s important you do not ignore it, but respond in a timely manner if you wish to defend the claim.
Strike Out and Summary Judgment
If, either as a Claimant or a Defendant in a Court claim, you believe that your opponent’s case has no merit, there are a couple of options available to request that the Court make an early determination of the claim.
Winding up petitions
If a company has failed to respond to a statutory demand, or pay the sums it owes to the creditor, the creditor will be in a position to issue a winding up petition against that company. But what does this mean?
Please note that the information provided above and within the Guidance Documents is for general information purposes only, and is not intended to constitute legal or other professional advice.
We offer a range of Dispute Resolution services to both individuals and businesses. Find out more below:
Private Dispute Resolution for Individuals
Dispute Resolution for Businesses
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