Civil Litigation Services

Civil disputes can arise in many areas of life and business. Whether you are pursuing a claim or defending one, MCR Solicitors provides strategic legal advice and robust representation to achieve the best possible outcome. Based at First Floor, 1024 Stockport Road, Manchester M19 3WX, our civil litigation solicitors serve clients throughout Greater Manchester and across the UK.

Civil litigation covers disputes between individuals, businesses, or organisations that are resolved through the civil courts, as opposed to criminal matters prosecuted by the state. The civil justice system provides remedies including compensation (damages), orders requiring parties to do or refrain from doing certain acts (injunctions), and declarations of legal rights. Our experienced litigation team has handled hundreds of civil disputes and knows how to present your case effectively.

Types of Civil Litigation We Handle

Contract Disputes

Contracts are the foundation of commercial relationships, but disputes arise when parties disagree about terms, performance, or breach. We handle all types of contract disputes including:

• Breach of contract claims where one party has failed to perform their obligations
• Disputes about contract interpretation and terms
• Claims for non-payment under contracts for goods or services
• Sale of goods disputes including defective products
• Service agreement disputes where services were not provided as agreed
• Supply contract disputes between businesses
• Employment contract disputes (though unfair dismissal claims go to tribunals)

We pursue claims for breach of contract and defend against unjustified claims, always seeking to achieve the best commercial outcome for our clients.

Property Disputes

Property disputes can be particularly stressful because they affect your home, business premises, or investment. We handle all types of property litigation including:

• Boundary disputes - Disagreements about where property boundaries lie, often arising from fences, walls, or extensions
• Rights of way and easements - Disputes about access rights, private roads, and rights over neighbouring land
• Landlord and tenant disputes - Commercial lease disputes, rent arrears, dilapidations claims, and lease renewals
• Trespass claims - Where someone has entered or used your land without permission
• Nuisance claims - Interference with your use and enjoyment of property, such as noise, smells, or flooding
• Adverse possession - Claims to acquire land through long occupation (squatters' rights)
• Covenants and restrictions - Enforcing or challenging restrictions on how land can be used
• Co-ownership disputes - Disputes between joint property owners, including trusts of land applications

Professional Negligence

Professionals owe a duty of care to their clients. If a professional has provided substandard service causing you financial loss, you may have a professional negligence claim. We pursue claims against:

• Solicitors - Missed limitation dates, failed conveyancing, poor advice
• Accountants - Tax errors, poor financial advice, negligent audits
• Surveyors and valuers - Missed defects in property surveys, negligent valuations
• Architects and engineers - Design failures, building defects, project management failures
• Financial advisers - Unsuitable investment advice, pension transfer negligence
• Insurance brokers - Failure to arrange adequate cover or notify claims

Professional negligence claims are often complex and require expert evidence. We work with appropriate experts to build strong cases and achieve compensation for our clients.

Consumer Disputes

We help individuals pursue claims against businesses for faulty goods, poor services, or misleading practices. Consumer protection legislation provides strong rights including:

• Claims for goods that are not of satisfactory quality, fit for purpose, or as described
• Claims for services not performed with reasonable care and skill
• Disputes under consumer credit agreements
• Claims for misleading or aggressive sales practices
• Holiday and travel claims for ruined holidays

Partnership and Shareholder Disputes

Business partnership and shareholder disputes require careful handling to protect your commercial interests whilst, where possible, preserving business value. We advise on:

• Partnership agreement interpretation and enforcement
• Partner expulsion and retirement disputes
• Partnership dissolution and winding up
• Shareholder disputes including unfair prejudice petitions
• Disputes between directors
• Breach of fiduciary duty claims

Other Civil Disputes

We also handle:

• Inheritance disputes - Contesting wills, claims under the Inheritance Act, disputes between beneficiaries
• Construction disputes - Defective work, payment disputes, delay claims
• Insurance disputes - Declined claims, policy interpretation disputes
• Negligence claims - General negligence causing loss or injury

Our Litigation Process

We follow a structured approach to civil litigation that maximises your chances of success whilst controlling costs:

1. Initial Assessment

We review the facts and evidence, assess the merits of your case, advise on realistic outcomes, and estimate costs. We are honest about both strengths and weaknesses so you can make informed decisions about whether to proceed.

2. Pre-Action Protocol

Court rules require parties to follow pre-action protocols before starting proceedings. This involves setting out your claim in writing, exchanging key documents, and attempting to settle. Failure to follow protocols can result in costs penalties. We ensure compliance whilst advancing your position.

3. Negotiation and Mediation

We explore whether the dispute can be resolved without court proceedings through negotiation or mediation. Most civil disputes settle before trial, and early settlement saves significant costs. Courts expect parties to attempt ADR and can penalise unreasonable refusal.

4. Issuing or Defending Proceedings

If settlement is not achievable, we prepare court proceedings. For claims up to ¶œ100,000, this is typically in the County Court. For larger or more complex claims, we use the High Court. We draft claim forms and particulars of claim that clearly set out your case, or prepare robust defences to claims against you.

5. Case Management

The court allocates cases to the appropriate track (small claims up to ¶œ10,000, fast track ¶œ10,000-¶œ25,000, or multi-track for larger claims) and sets directions for disclosure of documents, exchange of witness statements, expert evidence, and trial. We manage this process efficiently to keep your case on track.

6. Trial and Judgment

If the case does not settle, we represent you at trial, present your evidence, cross-examine witnesses, and make legal submissions. After judgment, we advise on any appeal options and pursue enforcement if necessary.

Costs and Funding Options

We offer various funding options to suit different types of cases and budgets:

• Fixed Fees - For straightforward matters, we offer fixed fee packages so you know the cost upfront
• Hourly Rates - For complex cases requiring ongoing work, we charge competitive hourly rates with regular billing
• Conditional Fee Agreements - For certain claims, we can offer 'no win no fee' arrangements where our fees are only payable if you succeed
• Damages-Based Agreements - We may agree to take a percentage of your recovery instead of charging traditional fees
• Legal Expenses Insurance - You may have 'before the event' legal expenses cover as part of your home or motor insurance

We always provide clear costs estimates at the outset and keep you informed as your case progresses. If you win, the court may order the losing party to pay a proportion of your costs, though full recovery is rarely achieved.

Frequently Asked Questions About Civil Litigation

What is the difference between civil and criminal cases?

Civil cases are disputes between individuals, businesses, or organisations, typically seeking compensation or enforcement of rights. Criminal cases are prosecuted by the state (usually the Crown Prosecution Service) against individuals or companies accused of breaking the law. The burden of proof differs: civil cases are decided on the balance of probabilities (more likely than not), whilst criminal cases require proof beyond reasonable doubt. The consequences differ too: civil cases result in remedies like damages or injunctions, whilst criminal cases can result in fines, community orders, or imprisonment.

What is a breach of contract claim?

A breach of contract occurs when one party fails to perform their obligations under a contract without lawful excuse. This might include failing to deliver goods, not providing services as agreed, not paying for goods or services received, or performing work to an inadequate standard. To succeed in a breach of contract claim, you must prove there was a valid contract, the other party breached it, and you suffered loss as a result. Remedies include damages (compensation for your loss), specific performance (court order to perform the contract), or rescission (cancelling the contract).

How are disputes resolved in court?

Civil disputes are allocated to one of three tracks based on value and complexity. Small claims (up to ¶œ10,000) have simplified procedures with limited costs recovery, designed to be accessible without solicitors. Fast track claims (¶œ10,000-¶œ25,000) have a streamlined process with trial usually within 30 weeks. Multi-track claims (over ¶œ25,000 or complex) receive individual case management with more extensive procedures. Cases proceed through stages including disclosure of documents, exchange of witness statements, and potentially expert evidence, culminating in a trial where a judge hears evidence and makes a decision.

What is the pre-action protocol?

Pre-action protocols are court rules that set out how parties should behave before starting court proceedings. They require claimants to send a detailed letter of claim, defendants to respond substantively, both parties to exchange key documents, and genuine attempts at settlement. The protocols aim to encourage early resolution and ensure parties understand the issues before incurring significant costs. Failure to comply can result in cost penalties, even if you ultimately win your case. Different protocols apply to different types of claim.

What damages can I claim?

In civil litigation, damages aim to put you in the position you would have been in had the wrong not occurred. This can include direct financial losses (e.g., the cost of rectifying defective work), consequential losses (e.g., lost profits caused by the breach), and in some cases general damages for non-financial harm (e.g., distress in consumer cases). Damages must be reasonably foreseeable and you must take reasonable steps to mitigate (reduce) your losses. Interest can be claimed on damages from the date loss was incurred. Punitive or exemplary damages are rarely awarded in civil cases.

What is Part 36?

Part 36 of the Civil Procedure Rules allows parties to make formal settlement offers with significant costs consequences. If a claimant rejects a defendant's Part 36 offer and fails to beat it at trial, they will usually pay the defendant's costs from 21 days after the offer. If a defendant rejects a claimant's Part 36 offer and the claimant does better at trial, they receive enhanced interest and costs, plus potentially an additional amount up to ¶œ75,000. Part 36 offers are powerful tactical tools that encourage settlement and should be considered carefully with legal advice.

How do I start a court claim?

To start a court claim, you complete a claim form setting out brief details of your claim and the remedy sought. This is filed with the court (usually online through Money Claims Online for simple claims, or in paper form for complex claims) along with the court fee. The particulars of claim, setting out full details of your case, can be included with the claim form or served separately within 14 days. The claim is then served on the defendant, who has 14 days to respond. If they dispute the claim, they must file a defence within a further 14 days.

What is mediation?

Mediation is a form of alternative dispute resolution where an independent, trained mediator helps parties negotiate a settlement. Unlike a judge, the mediator does not impose a decision - they facilitate discussion and help parties find common ground. Mediation is confidential, flexible, and usually much cheaper and faster than court proceedings. It has high success rates, with most mediations resulting in settlement. Courts actively encourage mediation and can impose costs penalties on parties who unreasonably refuse to mediate. See our dispute resolution page for more information.

Contact Our Civil Litigation Team

If you are involved in a civil dispute, whether pursuing a claim or defending one, contact MCR Solicitors for expert advice and representation. We offer a free initial consultation to assess your case and advise on the best approach.

Call us on 0161 466 1280 or visit us at First Floor, 1024 Stockport Road, Manchester M19 3WX. We serve clients throughout Manchester, Stockport, and across the UK.