Myth 1: Instructing a litigator is not good value for money.
Reality: Instructing a good solicitor can help avoid loss and unnecessary costs, by providing expert advice on strategy and merits. Our clients appreciate having expert support and a reliable service. We provide sensible funding options which meet the specific needs of our clients, whether it’s No Win No fee, Fixed fee or Deferred payment fee, which can enable a claim to be pursued that would otherwise be beyond the financial capacity of the client. We work closely with clients to scope out likely costs from the outset, agree on budgets where possible and keep clients updated as the matter progresses. Cost management is a core part of our client service not an afterthought.
Myth 2: Agreeing to settle is the same as admitting fault.
Reality: Settlement is a strategic decision, not an admission of liability. It is rare for a litigation dispute to proceed all the way to trial and invariably parties settle before this without liability being admitted. The court expects and encourages parties to engage in Alternative Dispute Resolution where possible as a means of trying to achieve settlement. Parties settle for many reasons: to save time, manage risk, reduce costs or protect relationships. In most cases, settlements are made without any acceptance of liability and can be confidential.
Myth 3: Litigation is inherently aggressive and confrontational.
Reality: While litigation can involve adversarial positions being adopted and tough negotiation, it doesn’t have to be hostile. Disputes should be handled professionally and constructively, with a focus on resolving issues cost-effectively and this is something we strive to achieve at Prosperity Law. A skilled litigator knows when to press and when to collaborate to achieve the right outcome for their clients. The courts now encourage parties to engage in ADR, as reflected in CPR 1.4(2) and CPR 3.1(2). When exercising discretion to determine costs, the court will consider the conduct of the parties, including whether they reasonably considered ADR, as reflected in CPR 44.2(5)(e). As a result, litigators are expected to approach matters in a conciliatory manner and act in the best interests of their clients.
Myth 4: Instructing a solicitor in a dispute will automatically lead to litigation in court.
Reality: Getting early legal advice is often what helps avoid litigation altogether. The earlier you get us involved, the more opportunity there is to explore negotiation, mediation, or other forms of resolution that may prevent the need for court proceedings to be issued. Litigators are expected to ensure that legal costs are kept reasonable and proportionate, always bearing in mind that a court action should be a last resort.
Myth 5: I cannot recover legal costs if I win my case.
Reality: The general rule is that the winning party will be awarded costs, often referred to as the ‘loser pays’ principle. However, this does not guarantee full recovery of your legal fees. The court has a broad discretion and may order otherwise. A court may adopt an issue-based approach which involves consideration of how many issues have been won or lost by either party. In practice, courts typically award only a portion of your costs, depending on how reasonably and efficiently the case was conducted. Particular consideration is given to offers of settlement made throughout the case and whether such offers have been beaten at trial. Even in a successful outcome, some shortfall in cost recovery is to be expected. Early legal advice from your solicitor about merits and strategy is critical.
Myth 6: Winning in litigation means the dispute is completely over.
Reality: Obtaining a court judgment doesn’t necessarily bring the matter to a close. There may be appeals, difficulties in enforcing the judgment or ongoing commercial consequences between the parties. True resolution often goes beyond just “winning” it involves securing a workable and lasting outcome. Our litigation department will assist in helping you enforce a judgement or negotiate your preferred outcome.
Myth 7: There’s no need to involve a Litigation lawyer until court proceedings have been issued.
Reality: Litigation lawyers can advise early on in relation to contract terms and conditions, as litigation lawyers have a particular insight into how best to avoid and deal with disputes which may arise. Litigation lawyers assess risk, advise on strategy, draft pre-action correspondence and often help to resolve disputes before formal litigation begins. Seeking advice early can lead to faster, cheaper and more effective resolution to your dispute. Litigators do much more than appear in court.
Myth 8: Ignoring a potential legal issue will make it go away.
Reality: Avoiding a dispute rarely makes it disappear and often makes things worse. Delays can lead to missed deadlines, default judgments, reputational damage or loss of leverage. Engaging early, even just to assess your position, puts you in control and may help you or your business to mitigate your losses. Ignoring pre-action correspondence from solicitors can have very serious adverse consequences.
Myth 9: At the Small Claims Court, it’s straightforward bringing a claim yourself (without help from a solicitor)
Reality: Issuing a claim at court without legal support is rarely straightforward, even if it’s a Small Claims Court matter. Early input from a solicitor can be crucial, as a lack of understanding of the procedural rules can place you at a significant disadvantage – especially if the opposing party has legal representation. While a Small Claims matter may seem manageable at the start, it can quickly become more complex as it progresses. In some cases, it may even be reallocated to the Fast Track, which is a cost bearing track. You wouldn’t attempt plumbing if you are not a plumber – likewise, seeking legal guidance from the outset can help you make informed decisions, reduce stress, and potentially save time and money. The court will not take you by the hand and advise you on what to do or what not to do. Without legal advice and assistance, you’re largely left to your own devices.
Your Dispute, Our Expertise
At Prosperity Law LLP, our Litigation Department is led by Paul Magee, a highly experienced solicitor with over 30 years in dispute resolution. Paul is based in our Manchester office and specialises in property litigation, commercial litigation, and contested probate, representing a broad range of clients including developers, landlords, professionals, and individuals. Whether resolving matters through early negotiation, mediation, or robust court action, Paul provides clear, strategic advice tailored to each case. Our litigation team is committed to protecting our clients’ interests with practical and strategic advice.
Whether through early negotiation, mediation, or court action, Paul and the team offer clear, strategic advice tailored to your situation.
📞 0161 667 3686
📧 paul.magee@prosperitylaw.com
📧 enquiries@prosperitylaw.com
Glossary of Legal Terms
Litigation
The process of taking legal action through the courts to resolve a dispute.
Litigator
A solicitor who specialises in dispute resolution, whether through court proceedings, negotiation, or alternative dispute resolution.
Alternative Dispute Resolution (ADR)
Methods of resolving disputes without going to court. This includes mediation, negotiation, arbitration, and early neutral evaluation.
CPR (Civil Procedure Rules)
Rules that govern how civil cases are conducted in England and Wales. They promote fairness, efficiency, and encourage the use of ADR.
Pre-action Correspondence
Letters and other communications exchanged before formal court proceedings begin. These aim to clarify issues, encourage settlement, and demonstrate compliance with court expectations.
Settlement
An agreement reached between parties to resolve a dispute, usually involving terms for ending the claim and avoiding trial. Settlements can often be confidential.
Judgment
A formal decision made by a court at the conclusion of proceedings. A judgment can be enforced if the losing party does not comply.
Costs
Legal costs include solicitors’ fees, barristers’ fees, court fees, and other expenses incurred during litigation. The court has discretion over which party must pay costs, and how much.
Small Claims Court
A part of the County Court that handles lower-value claims (generally up to £10,000). Small Claims cases follow simpler procedures, but parties are still expected to comply with rules and deadlines.
Fast Track
A case management track within the civil courts for claims of £10,000 to £25,000. Costs consequences apply, and more formal court procedures must be followed.
Enforcement
Legal processes used to make a party comply with a court judgment, such as seizing assets or applying for an order for payment.
