What Do We Mean by Claim?
A claim is legal process whereby one party (the Claimant) sues another party (the Defendant) to do something, or stop doing something, or to pay compensation.
For example, someone may make a claim against their landlord to fix a leaking roof they have been neglecting. If the landlord refuses, we would try to get a court order to compell him to do the repair. This would be an injunction. Or, we may seek payment to that tenant for the damages caused by the leak the landlord neglected.
At Chris Rudd Solicitors, we can help you in making a range of claims. For example:
- A housing disrepair claim against your landlord
- A claim against your landlord for pests such as rats or cockroaches
- Holiday sickness claims against a hotel or resort if you’ve been ill while on holiday
- Flight delay compensation or other consumer disputes
- Personal injury claims including industrial diseases and accidents at work
- Claims about Japanese Knotweed
These are some of the types of claim we can help you with, but we do offer a variety of other services as well. So, you should now have a brief understanding of what a claim is and what that can cover.
No Win No Fee
No win no fee is an arrangement made with your solicitor about how they will be paid when you make a claim. It can remove a lot of the worry and expense from making a claim. There are various types of no win no fee arrangement, such as a conditional fee arrangement.
At Chris Rudd Solicitors, we always try to find a way to make payment as easy as possible. And, we can usually work on a no win no fee basis.
We also have recently published a longer article explaining exactly what no win no fee means. So, please have a look if you’d like to know more.
Starting Your Claim
If you believe that you have a good claim, it’s always a good idea to consult a solicitor. Many people worry about the expense, but here at Chris Rudd Solicitors are happy to offer some initial advice for free. And, most of the claims we take forward are done on a no win no fee basis, so it is much easier to take a claim forward than you might think.
To start the claim your solicitor will send out a ‘letter of claim,’ on your behalf, to the Defendant. This letter of claim tells the Defendant what you require, and makes it clear that court action may be taken against them if they don’t comply. At this point, it will be clear what you aim to achieve from your claim. For example, getting repairs done in your home. Or, getting compensation for personal injury.
Any steps taken beyond this will depend on the details of your own case. But, we are here to help you through the whole process. Particular details are set out largely in various legal protocols.
Enforcing a good claim
If we believe that you have a strong claim, but the defendant will not offer a good settlement, then there is nothing for it but to take action through the courts. This is called issuing court proceedings.
This is not as scary as it sounds. A claim is usually pursued in the Civil Courts, such as the County Court. Civil courts are quite different and separate from the criminal courts. These days the Civil Courts are much more informal and friendlier places than most people imagine.
Also, issuing proceedings is not the same thing as a trial. There will be lots of paperwork to get through after issue, and it will be many months before a claim reaches trial. The great majority of claims are settled by negotiation, or withdrawn before they reach trial. But, that would still follow the issuing of court proceedings.