Even though the UK judicial system is both impartial and robust, the pursuit of a legal case can result in a number of significant, social and financial costs. Unfortunately, all parties who are involved in criminal or civil lawsuits can be negatively affected in the following ways:
As per one, comprehensive study performed by the Ministry of Justice, UK litigation can entail disproportionate costs in certain legal areas. Due to this fact, approximately 36 percent of adult consumers within the UK have legal issues that are unresolved and these are largely related to small debt claims that will ultimately cost more to pursue than they’re actually worth. Even conditional fee agreements(CFAs), after event (ATE) coverage and before event (BTE) coverage are not sufficient for offsetting the related expenses given that defendants are subjected to disproportionate cost burdens. Additionally, a full reimbursement of litigation costs is not guaranteed through cost shifting due to the existence of practical and legal limitations concerning the amount of cash that the winning party is able to obtain from the other party. The losing party is usually responsible for paying the legal costs of the winning party in the UK in a practice that is commonly referred to as cost shifting. Due to these facts, it’s generally best to seek alternative solutions when dealing with issues that are potentially litigious.
The Center for Policy Studies has also published research that shows that litigation has actually had a stifling impact on innovation by encouraging the acceptance of bureaucracy that’s incredibly repressive, defensive practices and decreases in autonomy among professionals. As an example, UK doctors are leery of performing groundbreaking or risky procedures for fear of lawsuits and mistakes. The increasingly litigious climate in the UK has also diminished trust across the British public and changed definitions of normal and acceptable behavior.
Litigation In The Future
Fortunately, there are a lot of people who are choosing to settle their grievances outside of court with the NHS reporting that 63,804 lawsuits were filed between April and March of 2001 and 45 percent of these were settled outside of the court. This comes in addition to 38 percent of claims that claimants abandoned entirely.
When you’ve been harmed by an organization or an individual, you can use the UK court system to seek legal redress. This, however, can be both socially and financially costly. The good news is that litigation solicitors in London can help you get an out of court solution that’s both friendly and fair. Get in contact with StrainKeville right now to find out more about settling outside of court.
- 17 Apr, 2017
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