Litigation: 10 top telling tips

Ten things to take into account when considering going to court (or when you are already on your way there).


Here (in, as they say, no particular order) are some pointers to help focus on the path to a successful outcome to litigation and dispute resolution.

Each of the following notes could be subject of an article or discussion in itself. We will gladly expand on any of them….

  • Make sure all paper trails and records of documentary evidence are complete and accessible.

  • Keep your own witnesses happy and onside.

  • Ensure your lawyers are properly retained and briefed.

  • Discuss a costs budget with your lawyers.

  • Understand why at various levels on the team there may be (a) a senior barrister or even a QC (b) a trainee solicitor.

  • Bear in mind that you are unlikely to recover all your costs outlay, even if you are completely successful.

  • The strategic process of litigation is often about writing communications to put your opponents at a disadvantage in the future: nothing we do is pointless.

  • Your opponent’s solvency and ability to discharge any judgment or costs order is a relevant factor.

  • It is not a sign of weakness to initiate the mediation process.

  • A good settlement may be more worthwhile than a delayed and costly court victory.