Need clarity as to whether you have a valid claim?

Finding out if you have a good claim can often require professional legal advice.

However, you can start by considering the following factors:

Evidence.

Do you have solid evidence to support your claim? This could be documents such as a contract, letters, and emails.  Do you have images, videos and witnesses?  If you can, start to gather your evidence together before you seek legal advice.

Law.

Does the law support your claim? You could do some research to try and answer this question but no two cases are the same and help from a specialist dispute resolution lawyer would be advisable.

Have you suffered loss?

Have you suffered a significant loss or damage that can be compensated?  To help you with this point, list all losses that you have suffered and add them up to see how much you have suffered financially altogether.  For example, if you engaged a supplier that failed to deliver its service, your losses may be the amount you paid plus any consequential loss, for example, you may have also lost various business contracts as you could not fulfil them.

Time.

Are you within the legal timeframe to make your claim? Most claims have a specific period of time for them to be presented to the court.  For example a claim for breach of contract should typically be brought within six years after which assistance from the court can no longer be sought as the case will be considered limitation barred.

Viability.

As they say, there is little point in throwing good money after bad.  Is the party that you are claiming against able to pay?  If the party is not able to pay, you should next consider if they have any other means to pay.  For example, do they own property that could be sold as a last resort, if necessary? 

Remember, every situation is unique, and the best course of action is usually to consult with a solicitor who can provide accurate advice based on their expertise and your specific circumstances.

We regularly help business owners to resolve disputes and to safely protect their interests.  If you’d like an informal chat about a dispute, contact us and we can arrange a time that works best for you.

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mjohnson