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.
What You Can Expect from A Solicitor
Your solicitor is there to make the legal process as simple as possible. Chris Rudd Solicitors will handle all correspondence, all negotiations, and all court proceedings on your behalf.
It is our experience and expertise in this area which will make the whole process easier for you. And, our no win no fee deal or other funding arrangements can remove most of the financial worries too.
As we’ve already said, we’re here to make the whole process as simple as possible for you.
What Your Solicitor Will Expect from You
Although your solicitor will try to make everything as easy as possible for you, there will be some things you need to do. The most important thing is that you must keep in touch and answer our questions about the claim, and you must support us in taking the claim forward.
Of course, you must be entirely honest and upfront with your solicitor, please tell us everything that happened, the good and the bad! Every bit of information you give us will help us build a clearer picture and will enable us to give you good advice.
The End of Your Claim
If your claim is successful, you will have obtained either a settlement, or a court order which gives you roughly what you want. That may mean that the defendant is required to pay you compensation, or do something, such as repair your home, or to stop doing something such as to stop harassing you.
We are then entitled to our costs. The way we will be paid will depend on the type of claim and the type of funding agreement we have with you. If it is a no win no fee deal, then you will usually pay us our success fee at this point. Also, we are entitled to be paid our basic costs, but in English law, the principle is that the Defendant should pay the Claimant’s legal costs if the claim is successful. So, you won’t need to worry about being out of pocket to pay us .
If you lose the claim, and you are on a no win no fee deal, we will not charge you for our services, provided that you have complied with the terms of the no win no fee deal. But, there are many different types of funding arrangements which we can enter into and the outcome will be dictated by what was agreed with you when you started the Claim.
Get in Touch with Chris Rudd Solicitors
You should now have a better understanding of how a claim might work.
So, if you think you may have the grounds for making a claim, please get in touch. Find out how Chris Rudd Solicitors can help you.
Remember, we offer 15 minutes free, no obligation advice. And, most of the time we work on a no win no fee basis.