free small business advice & information

Loading
Article Index
Suing
Is It Worth It?
Initial Action
Which Court Track?
Evidence
Lawyers
Pitfalls
DIY Litigation
Alternative Dispute Resolution

Suing

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.

BHP Infosolutions

Labels: Getting Paid

Small Business Newsletter

Sign up to the weekly Small Business Newsletter, just enter your email address in the box below.