A recent case ( Lombard North Central plc v European Skyjets Ltd (in liquidation) [2022] EWHC 728...
Our dispute resolution solicitors in Orpington, Kent act for individuals and businesses across south east London and the south east, resolving disputes by negotiation wherever possible and by litigation where it is not.
Disputes are stressful in a way that is out of proportion to the money involved. They take up time you do not have, they are often with someone you cannot simply walk away from, such as a neighbour, a business partner or a family member, and the longer they run the worse they get.
When you are in one, you need two things: advice you can rely on about where you actually stand, and a solicitor who will look for the quickest sensible way out rather than the longest one.
We provide sound advice, quality service and the speed of response you would expect from a City firm, from a convenient and accessible office in Orpington, close to the M25. Members of our dispute resolution team are recognised in Chambers and Partners. Call 01689 887820 or complete our enquiry form to arrange an initial consultation with our experienced team of dispute resolution solicitors.
How our dispute resolution solicitors can help
Contractual and consumer disputes
Disputes over goods and services not supplied, work not completed properly, and contracts that have broken down, for individuals and for businesses.
Property disputes
Disputes over ownership, occupation and rights in land, including disputes between co-owners and claims under the Trusts of Land and Appointment of Trustees Act 1996.
Boundary, right of way and neighbour disputes
Boundaries, access rights, overhanging trees, nuisance and noise. These disputes can run for years, and they are often the ones that respond best to being tackled early.
Construction and building disputes
Defective work, delay, overcharging and abandonment, for homeowners and for businesses.
Professional negligence claims
Claims against solicitors, surveyors, accountants, architects, financial advisers and other professionals whose advice or work has caused loss.
Insurance claim disputes
Challenging insurers who have refused, reduced or delayed payment of a claim.
Financial services and pensions disputes
Disputes over mis-sold products, negligent advice and pension transfers.
Employment disputes over post-termination restrictions
Enforcing or defending restrictive covenants and confidentiality obligations after employment ends.
Bankruptcy and insolvency disputes
Statutory demands, bankruptcy petitions, and disputes with trustees.
Inheritance and probate disputes
Challenges to the validity of a will, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and disputes between executors and beneficiaries.
Resolving a dispute without going to court
Litigation is expensive, slow and unpredictable, and it is rarely the best first answer. We would rather use negotiation, and where negotiation alone will not do it, one of the alternatives to a trial.
Negotiation. Many disputes settle once someone puts a properly reasoned position in writing. A well-drafted letter that sets out the legal basis, the evidence and the consequences of not settling often resolves a matter that has been going nowhere for months.
Mediation. An independent mediator works with both sides in a single day to find an outcome they can both live with. It is confidential, it is far cheaper than a trial, and it settles a high proportion of the disputes that reach it. Where the dispute is a family matter, family mediation follows a separate process.
Other forms of ADR. Early neutral evaluation, expert determination and arbitration each suit particular kinds of dispute, and we will advise on which fits yours.
In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal confirmed that a court may lawfully order parties to engage in a non-court dispute resolution process, provided the order does not impair the very essence of the claimant’s right to proceed to a judicial hearing, pursues a legitimate aim and is proportionate. That departed from the earlier authority in Halsey, which is why the position changed. The Civil Procedure Rules were amended from 1 October 2024 to reflect it: promoting or using alternative dispute resolution is now expressly part of dealing with a case justly and at proportionate cost, the court may order parties to engage in ADR, and a party who fails to comply with such an order, or who unreasonably fails to engage in ADR at all, may face a costs sanction.
In short, refusing to consider mediation is no longer a free option. It is a position that now has to be justified.
What happens if the dispute has to go to court
Where a fair outcome cannot be reached, we will take the case through the civil justice process and explain each stage in plain terms rather than legal jargon. We also have good working relationships with a number of specialist barristers’ chambers where robust representation in court is needed.
Claims are allocated to a track according to value and complexity, and the track determines both the procedure and the costs you can expect to recover:
Small claims track. Normally claims up to £10,000. Personal injury claims have their own limits on top of that, so take advice rather than assuming. Legal costs are generally not recoverable, so this track is designed to be used without a solicitor, though we can advise behind the scenes.
Fast track. Money claims up to £25,000, with a trial expected to last no more than a day.
Intermediate track. Money claims between £25,000 and £100,000, where the trial will not exceed three days.
Multi-track. Everything above £100,000, and complex claims below it.
Since 1 October 2023, most fast track and intermediate track claims are subject to fixed recoverable costs: the amount recoverable from the losing side is set by a fixed scale according to the track, the complexity band assigned on allocation, and the stage at which the claim concludes. There are four complexity bands on each of those two tracks. So in a claim under £100,000 the costs you can recover if you win are capped and knowable in advance, which makes early, realistic advice about proportionality more valuable than it used to be.
What does dispute resolution cost?
We will give you a costed plan stage by stage, so you know what the next step costs before you take it rather than afterwards.
Three cost elements need to be understood separately.
Our fees, usually charged at an hourly rate for dispute work, and estimated by stage. Our funding arrangements page explains the options, including legal expenses insurance and conditional fee agreements.
Court fees. These are set by HM Courts and Tribunals Service and are payable on top. Issuing a money claim costs on a scale rising with value: £35 on a claim up to £300, £455 on a claim of more than £5,000 but no more than £10,000, 5% of the value for claims between £10,000 and £200,000, and £10,000 above that. Hearing fees are separate, at £619 on the fast track and £1,334 on the intermediate and multi-track. Help with Fees is available to those who qualify. All fees are correct as at September 2026.
The other side’s costs if you lose. In most civil disputes the losing party pays a proportion of the winner’s costs. Where fixed recoverable costs apply, that exposure is capped by the scale. Your exposure to the other side’s costs is usually the figure that decides whether litigating is worth it, and we will put it in front of you early rather than late.
Before any of that, check whether you have legal expenses insurance. It is frequently included with home and motor insurance and often covers exactly this kind of dispute. Send us your policy and we will look.
Why choose CWJ’s dispute resolution lawyers
We are a modern firm with a progressive approach to resolving disputes.
Every member of the team is a specialist in their area, and we aim to give clear, logical advice and practical options so that you can make an informed decision about how to progress your case. Clarkson Wright & Jakes is authorised and regulated by the Solicitors Regulation Authority.
The firm has practised from Orpington, in the London Borough of Bromley, since 1951, and was founded in 1875. Our office is a short walk from Orpington station with parking at the rear.
Frequently asked questions about dispute resolution
How long does a civil dispute take to resolve?
A dispute settled by negotiation or mediation can be over in weeks. A claim that goes to trial usually takes 12 to 24 months from issue, sometimes longer. The gap between those two figures is the main reason we push for settlement.
Do I have to try mediation before going to court?
You should expect to. Since 1 October 2024 the court can order parties to engage in alternative dispute resolution, and an unreasonable refusal to engage can be taken into account when costs are decided. A refusal now needs a reason.
Will I have to go to court in person?
In most cases, no. The great majority of claims settle before a hearing. If a trial does happen you will usually need to give evidence, and we prepare you thoroughly for it.
What is the time limit for bringing a civil claim?
It depends on the type of claim. Under the Limitation Act 1980, six years is the general period for contract and for most claims in tort, running from the breach or the damage, but there are many exceptions and some much shorter periods. Take advice early rather than assuming you have time.
Can I recover my legal costs if I win?
Usually a proportion of them. Where fixed recoverable costs apply, which is most claims under £100,000, the recoverable amount is set by a fixed scale rather than by what you spent, so there is normally a shortfall. On the small claims track, costs are generally not recoverable at all.
Is it worth pursuing a claim for a small amount?
Often not through the courts, once fees and time are counted, and we will tell you so. A well-drafted letter before action is often the most cost-effective step available on a small claim, and it resolves a good many disputes without anything further.
What if the other side has no money?
Enforcement is a real issue and it is worth investigating before you spend anything. A judgment against someone with no assets is of limited value, and we would rather establish that at the start than at the end. Our debt recovery team can advise on enforcement.
Get in touch with our dispute resolution solicitors in Orpington, Kent
Tell us what the dispute is about and what you have already tried, and we will give you a clear view of where you stand and what the realistic options are.
Call 01689 887820, email cwj@cwj.co.uk or complete our enquiry form to arrange an initial consultation.