Dispute Resolution

No matter how well you run your business you can become involved in a dispute which has the potential for involving you in time and money better spent on growing the business.

That is when you should contact Tony Marriott who heads the Brown Turner Ross Dispute Resolution Team.

Tony has over 30 years experience of resolving business disputes & will ensure that we:

  • Immediately analyse the risk to your business
  • Assess your prospects of success
  • Understand the strategic importance of the dispute to your business
  • Ascertain whether key business relationships are at stake
  • Agree with you the appropriate plan of action and the likely cost
  • Keep you informed at all times
  • Constantly review the prospects of success and cost involved
  • Use our expertise to achieve the best possible outcome

Allocate it to a Track

Allocation is the first stage at which a Judge will consider the written arguments advanced by both Parties and go on to manage the Claim by either issuing

  • instructions to both parties as to whet they are to do and on what timescale or
  • set a date for Case Management Conference when these instructions will be given with both parties Lawyers normally linked by telephone to the Court

A Pre-trial Review

If your Claim has a high value or is complex, the Court will normally order the Parties to attend a Pre-Trial Review. This is another form of Case Management Conference that takes place when both parties have done all that the Court has asked to get the Case ready for Trial.
You may be able to use this opportunity to explore a settlement of your Claim before Trial.

You are at Court for Trial!

Well you are the exception to the rule as most cases settle without a Trial but this is of course the end point of the journey you started on when Proceedings were issued.

What happens?

  • before the Trial begins any preliminary issue can be raised
  • Opening speeches – these may be made by a lawyer for both Parties but the Judge will have a written Summary of the Case agreed by both Parties
  • the Claimant’s witnesses give their evidence with the Claimant going first and is asked questions first by his lawyer before facing questions from the Lawyer acting for the Defendant
  • the same procedure is then followed with the Defendant and his witnesses
  • any expert evidence is then dealt with
  • there may then be a closing speech made by the Lawyer acting for each Party
  • the Judge may immediately announce his decision, do so after a short break or do so at a later date

If you become involved in Litigation you can rely on your Team at Brown Turner Ross to

  • guide you through the whole process
  • avoid jargon when doing so
  • keep in mind the main object of the exercise
  • regularly advise you as to the prospects of success
  • explore every opportunity to achieve a cost effective settlement
  • minimise your risk and financial exposure