Litigation

Pre-Litigation Assessment

If you are considering a civil claim or responding to a threatened claim, we provide a written assessment of the merits, the evidence and the steps we recommend before proceedings.

• Documents and evidence. We review the key documents and correspondence, prepare a chronology and identify missing records, potential witnesses and evidence that should be preserved.
• Strengths and weaknesses. We assess the claim, likely defences and any counterclaims against the evidence, relevant judgments, legislation, regulations and applicable international instruments. We explain what must be proved, the prospects of success and the remedies available.
• Independent experts. Where expert evidence would assist, we provide a shortlist of suitably qualified, independent experts who have worked on comparable cases. We advise on the issues their reports should address, their availability and likely fees, and whether court permission may be needed to rely on their evidence.
• Counsel. Where a barrister’s opinion or representation would assist, we recommend counsel suited to the issues in dispute. We consider verified favourable outcomes in comparable cases, the level of seniority required, availability and fees.

Pre-action strategy

We identify the appropriate court or tribunal, check limitation periods and other deadlines, and advise on the applicable pre-action steps. We consider whether any urgent relief is needed and, where appropriate, prepare or respond to pre-action correspondence and explore negotiation or mediation.

We assess whether the likely cost of litigation is proportionate to what you could achieve. We explain the likely costs at each stage, including expert and counsel fees, and any risk of paying the other party’s costs. Where relevant, we consider whether a judgment could be enforced.

We set out a proposed timetable for gathering evidence and taking the next steps, with advice on when to review the merits and whether to pursue settlement, issue proceedings or defend the claim.

Urgent Injunctions and Interim Relief

If assets are about to be moved, a disputed share sale is due to complete or private information is about to be published, you may need a court order before the dispute can be heard in full. We act for individuals, shareholders, directors and companies seeking or opposing urgent injunctions in England and Wales.

• Asset freezing and recovery. We advise on domestic and worldwide freezing injunctions and on proprietary injunctions to preserve specific assets you claim an interest in, including funds, shares and cryptoassets. Where appropriate, we advise on seeking disclosure from banks or exchanges to help trace assets.
• Shareholder and company disputes. We advise on urgent applications concerning compulsory share transfers, disputed changes in company control and proposed sales of company assets.
• Privacy and confidentiality. We advise on injunctions to restrain threatened publication of private information or disclosure of trade secrets and other confidential business material, including where someone threatens disclosure to demand payment.
• Preserving property and evidence. We advise on orders to protect disputed property and preserve documents or electronic records at risk of loss or destruction.

Speak to us about an urgent application

We assess the immediate risk and available evidence, advise on the appropriate court or tribunal and what notice to give, and explain the potential costs and undertakings. Where instructed, we prepare the application or response, witness evidence and draft order, and arrange representation at an urgent hearing.

Call us with the date and time of the threatened action or hearing and explain what is at risk. Please have any relevant notices, correspondence and court papers to hand, and tell us whether proceedings have already begun.

We also assist with urgent applications to suspend immigration removal.

• Urgent removal cases
• Call 020 8090 2488

Court proceedings

If instructed, we can assist with preparing a claim or response, organising the evidence and advising on the steps ahead. If you have received court papers or have a hearing date, tell us when you first contact us.