Although the judicial system within the UK is impartial and powerful, filing a lawsuit and actually pursuing one comes with a number of daunting, social and financial costs. Unfortunately, these expenses can have an adverse impact on everyone who is involved in criminal and civil lawsuits such as:
The Ministry of Justice performed a comprehensive review that found that litigation within the UK can have very disproportionate costs in certain legal areas. Due to this fact, 36 percent of UK adults have legal issues that remain unresolved, mostly relating to claims concerning small debt that would cost far more to have resolved via the court system. CFAs or conditional fee agreements, ATE (after the event coverage), and BTE (before the event coverage) are all largely ineffective given that they impose costs on defendants that are very disproportionate. Additionally, shifting costs will not ensure a full reimbursement for the costs of litigating claims given that there are practical and legal limitations on the amount of funds that winning parties are able to recover from the parties that lose these cases. The losing party in the UK is usually assigned the responsibility of paying the legal costs of the winning party, which is known as cost shifting. This is why it is often wise to find alternative strategies for resolving issues that are potentially litigious.
The Center for Policy Studies published research showing that litigation is having a stifling impact on natural innovation, thereby encouraging people and organizations to adopt bureaucracy that is nothing short of repressive – it also fosters the use of defensive tactics that erode professional autonomy. As an example, many doctors in the UK are reticent to perform ground-breaking and high-risk procedures given that they’re afraid of lawsuits if these procedures should happen to fail. The increasingly litigious culture of the UK has additionally had a warping effect across British society on the notion of acceptable behavior.
Litigation In The Future
The good news is that a lot of litigants are currently opting to settle outside of court with approximately 45 percent of 63k lawsuits filed between just April 2001 and March 2011 being settled outside of the actual court. 38 percent of these claims were also effectively abandoned by their claimants.
When you’ve been harmed or wronged by an organisation or individual, it is your legal right to use the courts to seek redress. Doing so, however, can be both socially and financially costly. Luckily, litigation solicitors in London can assist you in finding an out-of-court solution that is both amicable and acceptable. Get in touch with StrainKeville right now to find out more about how cases can be settled outside of court.
- 25 Jan, 2017
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