There may well be a time in your life where you need help, support and advice because you are involved in a dispute. Thomas Lewis, Associate in our dispute resolution department shares his top tips to help reduce the stress should you become involved in a dispute.

At the outset of a dispute, speak to us about litigation funding; do you have insurance or other means of paying for litigation? Talk to your insurer about instructing WBW. If you do not have cover, we may be able to offer a funding arrangement.

If you are considering pursuing a money claim, check that the prospective defendant has money or assets to enforce against. It is a cliché, but you cannot get blood out of a stone.

The success of any claim ultimately comes down to the strength of your evidence. What evidence do you have to prove your claim? Help us to help you by organising your evidence at an early stage. 

Keep contemporaneous notes of what happened and when. A chronology is an extremely useful way for you, your legal adviser and the Court to understand the issues involved. The more complicated the matter, the more important it is.

Once litigation is contemplated, be sure you do not destroy any evidence. You have a duty to preserve documents. Be very careful to provide us with all evidence in your possession that is relevant to the case.

Your witness statement is your opportunity to give your version of events. It must be in your own words. Solicitors must not draft their client’s statements. Begin your statement early and provide as much detail as possible. A nearly ‘proof of evidence’ will be the basis of your future witness statement.

Do not delay in pursuing your rights. All claims weaken with the lapse of time, whether from fading memory, lost evidence or in extreme examples becoming statute-barred. 

If you should find yourself in a dispute and require advice, please contact Thomas Lewis in the dispute resolution team – [email protected] or 01392 260140.

WBW Solicitors has offices in Newton Abbot, Torquay, Paignton, Bovey Tracey, Exeter, Sidmouth, Honiton, Exmouth and Launceston.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.