Stephen Fallon - Senior Solicitor - Dispute Resolution team
Transcript:
What do I have to do if I want to take something to Court?
Well, regarding what type of dispute you’re involved in, the usual rule is that you have to engage in some sort of pre-action, pre-court procedures, Court correspondence negotiations, etc., with your opponent. The Courts have set protocols which set out the steps that parties are required to take to try and resolve their disputes before they go to Court. The reason is that the Court doesn’t want to be clogged up with disputes that really shouldn’t be there.
Often, you find that disputes can be resolved between the parties more cost-effectively without involving lawyers too much before they actually have to step into issuing Court proceedings. The consequences for you if you don’t follow those pre-action protocols before your proceedings are that even if you win in Court in 6 to 12 months’ time, or however long it might be, then you can be penalised on costs. So, the usual rule is that the winner would be awarded their costs of proceedings.
But if you have just launched into Court proceedings without even trying to engage with your opponent, then the Court can look at this at the end of the case and determine that you should have adhered to the proper rules. As a result, they may decide not to award you your costs. Or, worst case scenario, you have to pay your opponent’s costs. So, it’s very important to engage with your opponents.