Discover how to power your dispute workflow
A client has come to your firm to ask about a potential claim. A partner or senior associate asks for assistance. You need to assess the claim and research a number of specific questions.
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You need to quickly get up-to-speed on the relevant issues and provide initial advice on the merits.
- Practical Law's practice notes and checklists can help you to consider all the issues arising and help you to formulate your advice-both in relation to the specific issues in the case and the options available to resolve the dispute, including the benefits and drawbacks of those options.
- Practical Law's resources will enable you to address issues which need to be considered at the outset, such as costs and funding, contractual constraints, insurance, jurisdiction or limitation issues and whether action may be required in the short term to preserve money, assets or documents, or to compel or prevent actions being taken.
Your client wants to pursue the claim. You need to research every facet of the dispute to advise in detail and formulate a winning strategy. Does legislation allow it? Have others succeeded with similar claims here or in other jurisdictions? You need to conduct in-depth research in a timely manner, finding anything which supports your client's claim.
- When researching a new matter, Westlaw UK Insight and Practical Law practice notes offer a perfect starting point for your research, providing an authoritative yet succinct overview of topics of law. For extensive research around the specific issue, seamlessly move from Westlaw UK Insight and Practical Law through to the related cases, legislation and commentary on Westlaw UK.
- Take advantage of the tools on Westlaw UK to annotate, add bookmarks, select favourites and create online folders, simplifying collaboration with colleagues.
- Sweet & Maxwell's online books offer easy access to authoritative content, helping you to conduct deep research on points pertinent to your case.
- Reduce the time spent searching multiple online resources with Solcara Legal Search, which allows you to check all your preferred case law content sources with a single easy-to-use search interface.
Guidance all the way
Once you’ve formulated your strategy, you may need guidance along the way to achieve a final solution. You will need to deal with issues as they arise and your strategy will evolve accordingly.
- Practical Law provides you with continuously maintained guidance, including practice notes, checklists, precedent letters, court forms and standard documents (with drafting notes).
- Costs needs to be considered and managed from the outset. Practical Law can assist with its range of financial tools that include calculators, template costs estimates and Precedent H costs budget.
- For up to the minute current awareness and commentary, consult Practical Law's legal updates and check the latest rules.
- For more complex issues, Ask Practical Law is always on hand to help. You can also use Practical Law tools to help you to calculate interest and check procedural time limits.
- For relevant authorities, rely on Westlaw UK and Lawtel for the most authoritative and up-to-date insight, cases, legislation and journals.
Working with third parties
Once you have provided your initial advice and the client wants to proceed, you may be instructed to approach specialist counsel for an opinion on the merits of the client's case, the strategy to adopt, or a specific point of law; or experts to provide opinions on specific issues in the case.
- If at any stage you decide to instruct external counsel to assist with the dispute, Legal Tracker gives you more transparency over your projects, helps you to manage matters more effectively and to better manage your external counsel instruction process.
- Legal Tracker also helps you make the right decisions on resourcing, reporting to the business and demonstrating costs savings.
- Practical Law practice notes will help you to assess the scope of expert evidence needed in the case and guide you on how to choose your expert. Practical Law also offers a range of template documents to assist you with drafting your instructions, retainer and terms of reference.
ADR and settlement
Many claims are resolved through negotiation. You will want to explore whether you can resolve the dispute without a trial, which may be through settlement or alternative dispute resolution.
- Practical Law's toolkit on settlement sets out clearly the factors you may need to consider in deciding whether and when to settle, the different forms that a settlement offer may take and the tax implications of settlement.
- Use any one of Practical Law's range of standard documents to record your agreement if you reach a settlement. These come with drafting notes that help you to customise them for your needs.
- If dealing with a Personal Injury claim rely on Sweet & Maxwell online books and benchmark your claim with Kemp on Lawtel.
- Practical Law practice notes and checklists can help you consider the key benefits and drawbacks of ADR and decide which ADR mechanism may be the most appropriate in your case.
There is always a lot to do in the lead up to trial and during trial itself. You can’t risk missing the slightest detail when it comes to trial preparation.
- Depending on which track you are in, the requirements for trial preparation will differ. Practical Law practice notes and checklists will help you to consider what needs to be done in your particular case. The standard documents and precedent letters will help you to advise your client and complete your task list more quickly.
- When working with counsel on the skeleton argument, rely on Westlaw UK’s current and authoritative case law and legislation. Set case alerts on Westlaw UK to make sure that you’re always using the latest good law and never miss a new development.
- Appeal Tracker on Westlaw UK allows you to track cases on appeal to the Court of Appeal (Civil) Division and Supreme Court. You can easily identify all appeals outstanding from your search results.
- Help counsel to prepare arguments for trial using the essential tools of Sweet & Maxwell commentary titles Archbold and Phipson on Evidence alongside Practical Law's current awareness and practice notes which will ensure you have the latest material in a readily digestible format to tackle any procedural, evidential or substantive issue that arises.
The case is not over just because the trial has concluded. You still need to consider a number of issues and advise the client accordingly, including in relation to costs, appeal and enforcement.
- Practical Law offers up to date guidance on when to consider an appeal, where to appeal, the need for permission to appeal (including important changes to that process in the Court of Appeal), grounds for appeal and costs.
- Rely on Westlaw UK’s current and authoritative case law and legislation to help you to decide whether an appeal has merit.
- Familiarise yourself with procedural requirements and the time limits for making an appeal using Practical Law practice notes. Practical Law can also direct you to the right forms to use, with up to date information following the recent rule changes.
- Practical Law offers complete guidance on enforcement of English judgments at home and abroad and the enforcement of foreign judgments in England, including practice notes, standard documents and clauses, checklists toolkits and trackers.
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