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Civil disputes - Frequently asked questions

• What are my legal rights?
• I am very unhappy with a service that has been provided. What can I do about it?
• Can I get compensation?
• Will I have to go to court?
• What will it cost me?
• Are there any other schemes available?
• What information do I need to prepare?

What are my legal rights?

Much of our daily lives are governed by agreements and contracts. What happens if a dispute arises? What do you do if you are dissatisfied with a service that has been provided, building work, repair work of any kind, or if you have bought a faulty item? At Mowbray Woodwards we know that every client is different, every situation is different. As people, we have similar experience from our own daily lives. As lawyers, we are there to help you discover your legal rights and explain what can be done to assist you.

I am very unhappy with a service that has been provided. What can I do about it?

First of all you should look at the terms of any contract to provide that service together with any estimates that have been given, in terms of costs, materials used and timescales. We can assist you in doing this, so bring any and all relevant documentation with you. There are often terms which are implied by law into these contracts and we can advise on the basis of these terms and the rights and remedies they confer.

Can I get compensation?

If you incur financial loss or suffer personal injuries as a result of defective workmanship or any other contract then generally the answer is yes. The terms of the contract and those implied by law will govern this. If we are able to prove that a contract has been breached then the law aims to place you as far as possible in the same position as if the contract had been properly performed. Often this will mean that you will be awarded compensation for the costs of putting the work right or the replacement value of any goods supplied. If faulty goods are supplied then you may have the option to reject the goods and claim a replacement or your money back. We can advise on all of these situations.

It is important to ensure that it makes sense for you to instruct us. If the financial value of the dispute is below £5,000, your legal costs cannot be recovered from the other side. In these cases, our fees would have to be deducted from your compensation. If it likely that this will be the case, we will tell you and you can then make an informed choice as to whether or not to use our services. We can of course provide advice on disputes below that figure and will be pleased to do so. However, you have to consider just how far we should become involved if the costs incurred will in fact outweigh any damages you may recover.

Will I have to go to court?

In the vast majority of cases, this will not be necessary. Many disputes over services supplied or faulty goods are settled out of court. Wherever possible we would aim to come to an appropriate settlement short of court action as we appreciate that most clients prefer a quick resolution rather than a protracted fight through the court system. We will not sell you short however. Any advice provided in respect of a settlement figure will be provided on a realistic commercial basis. We aim neither to undervalue nor overvalue your claim. Both can lead to needless problems. If court action is necessary we have the diversity of backgrounds and depth of experience which can manage your case efficiently, with access to a wide variety of specialist experts in various fields and also access to barristers to provide more specialised advice. Your case will be prepared thoroughly and professionally to maximise your chances of success. You should always remember that even if it looks as if you will have to go to court, it is often the case that settlements are reached at the last minute.

What will it cost me?

Litigation is an expensive business - especially when contracts are involved. For the more complex cases (especially building disputes) expert evidence is often required and the experts' reports are particularly expensive. However, there are various schemes which exist designed to help you.

Are there any other schemes available?

It may well be that if you have house contents insurance or a variety of other personal insurance schemes, then you should check your policy carefully to see if you have linked legal expenses insurance. If this is the case you may be entitled to free legal representation. A word of warning however. You should check the small print very carefully as most policies limit the type of event covered and often have a limit on value. Such policies also usually require that you use one of its panel solicitors who could be anywhere in the country. You are still free to instruct a solicitor of your choice, but you must generally write to the company giving reasons for the choice.

What information do I need to prepare?

The initial information we need is your name, address, telephone number etc.

We will also need any documentation you have been given. Any contract or estimate is vital to ascertaining how a court would view the dispute. Other receipts and proof of any expenditure you have incurred as a result of the claim will also be important.