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Article Index
Is It Worth It?
Initial Action
Which Court Track?
DIY Litigation
Alternative Dispute Resolution


6. Pitfalls

6.1 You may lose, even if you think you have a watertight case.

  • There are defences to even the most straightforward claims.
  • Your legal advisers may have over-estimated the strength of your case or given you bad legal advice.Unless you have been given negligent advice, you are unlikely to be able to claim any compensation from them.
  • Witnesses may change their stories or refuse to give evidence.

6.2 Litigation is stressful and time consuming.

  • Your business may suffer if you focus too much on the legal dispute.

6.3 Even with a good case, your opponent may be able to delay judgment by taking advantage of procedural rules.

6.4 You may not be able to enforce judgment.

  • Enforcement of judgments for £600 or less is carried out by county court bailiffs, who have a relatively low success rate.Any judgment of more than £600 you can register in a high court. Enforcement Officers who enforce these judgments are more effective (but potentially more expensive) than bailiffs.

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