Civil Litigation

We don’t just work for you, we work with you. At Beyond Legal in Newton Abbot and Tiverton, our civil litigation solicitors will sit down with you at the beginning to agree on the best course of action and advise you in clear, simple language. We will let you know at every stage how your case is progressing.

You can tell us anything in complete confidence. The more you tell us, the more we are able to help you.

Beyond Legal is always there for you, just a phone call away. You are welcome to contact your civil litigation solicitor directly by telephone or email and if you are not able to pop into our Tiverton or Newton Abbot offices, we will gladly visit you at home or somewhere convenient for you.

Persuading the opposition that you have a valid claim is the hard part. We deal with the facts of the case and present the facts to your opponent so as to achieve the best result for you.

At Beyond Legal we do not just wait for the opposition to respond. We encourage full and frank disclosure as soon as possible and we are not afraid to exercise the powers of the Court to assist the progression of your case.

– By identifying the issues as early as possible we are able to advise you as to how your case will proceed.
– We adhere to the rules and expect our opponents to do the same.
– We do our best to work with your opponent rather than against them.
– We do our utmost to promote settlement, while always acting in your best interests.
– If your opponent does not wish to negotiate (subject to your instructions) we will issue Court proceedings.

Whether it be negligent work by contractors or an error in building contracts, our specialist team of civil litigation experts have experience in navigating this often multi-pronged world, helping you to reach a solid solution.

Property can often cause issues that none of us anticipate, more specifically issues with boundaries, especially when you feel someone is or you aren’t overstepping your boundaries. We have worked with commercial, agricultural and personal clients to help them clarify any blurred lines.

When a party does not comply with agreed terms of a contract, or does not perform their side of its obligations under a contract, they have in fact breached their contract. We are able to help you raise a contract dispute in order to resolve any broken contracts.

Negligence within a professional setting is often difficult for many to understand where they can in fact have a claim. We help you to explore your circumstances and advise you as to where you have in fact encountered negligence.

Whether you are owed or owe money, debt collection is a time of great stress for many. We have a specialist team that will be able to help you claim or withhold what is yours.

No matter the area you believe that you as a consumer have been misled, we are able to help you explore this further and claim back what is rightfully yours. From lending scams to false advertising consumers are often navigating minefields.

Allowing us to effectively litigate between yourself and the credit hire company, will ensure that each party is satisfied with the outcome. Allowing you to have the cash-flow to continue your day-to-day life, while also paying back what is owed to the credit hiring company.

Ensuring that you have after the event insurance in place ready before any significant legal costs or disbursements are incurred, is often something we strongly suggest. We are experienced in helping many clients obtain this insurance, just prior to us beginning our work.

Affidavit
A written statement sworn upon oath or affirmation and signed in the presence of a person who is authorised to administer oaths (normally a solicitor or legal executive.

Amendments
Alterations sought to specifications or other documents because the drafter has become aware of new facts, circumstances have changed or because he has changed his mind.

Arbitration
An alternative method of resolving disputes between parties. The right of Appeal from a decision of the arbitrator is limited by the Arbitration Act of 1979.

Burden of proof – The obligation of proving facts. In general, the burden (onus) lies on the claimant to prove.

Certiorari
In connection with judicial review, one of the remedies available – to bring before the court some allegedly unlawful/arbitrary action or decision so that the court might enquire into its legal propriety and decide whether or not it should be quashed.

Claimant
The name, under the Civil Procedure Rules, given to the party making a claim in the Courts. (Previous term = plaintiff).

Claim form
Under the Civil Procedure Rules, the name given to a Writ/Summons. A claim form is used to commence proceedings in the High Court or the County Court irrespective of the nature of the claim. (For Appeals to Patent Court from the Comptroller see ‘Notice of Appeal’ below).

Corrections
Alterations sought to a specification or other document so that it better expresses the intention the drafter had at the time of drafting.

Counter-Claim
A document filed in response to a Claim. The document sets out fully the grounds of opposition or objection i.e. which allegations in the Claim the opponent disputes and which he does not.

CPR
Civil Procedure Rules 1998 – civil rules for proceedings in the High Court and County Court.

Damages
A sum of money awarded by the Court as compensation to the claimant.

De minimis non curat lex
[The law does not concern itself with trifles]. Small departures from the law may be overlooked if not significant.

Deponent
The name given to a person who makes a deposition (i.e. affidavit) under oath.

Disclosure
Usually in the form of a request, this relates to the making available of relevant documents believed to be in the possession of the other party in inter partes proceedings.

Injunction
A court order prohibiting a person from doing something or requiring a person to do something.

Inter Partes proceedings
Proceedings arising between two or more parties.

Judicial Precedent
A previous judicial decision or preceding that may be relied upon.

Judicial Review
Where no right of appeal is given, it may be possible to challenge the decision of an inferior court or public tribunal by recourse to the supervisory jurisdiction of the High Court. This means that generally only decisions of the Comptroller in respect of which no appeal is available, decisions under the PCT and decisions of the RDAT are likely to be subject to judicial review.

Jurat
The final statement signed by a person who is authorised to administer oaths indicating when the affidavit or statutory declaration was sworn, affirmed or declared.

Locus standi
[A place of standing]. A right to be heard in court or other proceeding.

Mandamus
In connection with judicial review, one of the remedies available – to issue an order of the court requiring an inferior tribunal to do something it has previously unlawfully refused to do.

Mediation – An alternative method of resolving disputes between parties. A mediator is appointed to help both parties reach an acceptable solution.

NOPI
Not open for Public Inspection.

Notice of Appeal
Appeals to the Patent Court from the Comptroller must be in the form of a Notice of Appeal.

Obiter dictum
[A saying by the way]. An observation on a legal question suggested by a case but not arising in such a manner as to require a decision. Therefore not binding as a precedent.

OPI
Open for Public Inspection.

Part 36 offer
Under the CPR, applies to either party and thus applies to the Claimant where the relief sought is a payment and in all other instances where the relief sought is not in respect of payment. The Rules provide that the offer must be in writing and can relate to the whole claim or part of a claim.

Particulars of case
Term used in Civil Procedure Rules. They may be included in the claim form or may be serve separately when starting proceedings.

PD
Practice Direction supplementing a Civil Procedure Rule.

Plaintiff
Under the Civil Procedure Rules now known as ‘Claimant’

Pleadings
Under the Civil Procedure Rules now known as ‘Statement of Case’

Practice form
Form to be used for a particular purpose in court proceedings, the form and the purpose being specified by a Civil Procedure Rules Practice Direction.

Pre-action protocol
Statements of understanding between legal practitioners and others about pre-action practice and which are approved by a relevant Civil Procedure Rules Practice Direction.

Precedent
A previous decision or proceeding which may be relied upon.

Preliminary hearing
A hearing appointed to decide a point of procedure, usually in inter partes proceedings.

Priority Document
A document which establishes a priority date.

Prima facie
[Of first appearance; on the face of it] -based on a first impression.

Privilege
The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.

Prohibition
In connection with judicial review, one of the remedies available – to prevent some allegedly unlawful/arbitrary action from taking place.

PHR
Pre-hearing review. The purpose of this is to ensure that all the issues raised at the case management conference have been dealt with and to give any final directions considered necessary in relation to the hearing.

Ratio decidendi
[The reason (or ground) for a judicial decision]. Usually a statement of law applied to the problems of a particular case. In essence, the principle upon which a case is decided.

RSC
Rules of the Supreme Court. (“The White Book”).

Search Order
Previously known as an ‘Anton Pillar Order’ taking its name from the first case that developed the concept (Anton Pillar –v- Manufacturing Processes, 1975). Issued by the High Court, the order allows premises to be searched and infringing material seized. Safeguards exist to prevent abuse.

SI
Statutory Instrument.

Statutory Declaration
A written declaration agreed in the presence of a Justice of the Peace or a person who is authorised to administer oaths, but not made upon oath or affirmation.

Statement of Case
The statement and the counter-statement filed in inter partes proceedings are each a statement of case. Taken together, these documents indicate the facts that are in dispute between the parties and the relief sought.

Statement of Truth
All statements of case, witness statements and applications to the court must contain a statement by the parties confirming that they believe the facts they have set out to be true to the best of their knowledge.

Stay
A stay imposes a halt on proceedings. Within the courts, although proceedings may be stayed, any steps allowed by the Civil Procedure Rules or the terms of the stay, may be taken. Proceedings may continue once a stay is lifted.

Subpoena
A writ i.e. a document which requires a person to do or to refrain from doing something.

Substantive Hearing
The final hearing in inter partes proceedings following which the Comptroller will issue a decision on the main matter in dispute.

Ultra vires
[Beyond the powers]. Term relates generally to the excess of legal powers or authority.

Witness statement
A signed written statement equivalent to the oral evidence which that witness would, if called, give in evidence at the hearing.

Writ
See entry under ‘Claim form’ above