Litigation, or the need to apply to the court to resolve issues, is necessary in only a small number of cases that cannot be resolved in another way.  Today, litigation is the exception rather than the usual method of resolution.  However, it remains an important method that may be appropriate in certain circumstances where for example:

  • there is an urgent need e.g. to obtain medical treatment for a child or to protect an asset
  • the matter involves a complex question of law and solicitors cannot be certain of the outcome without testing it in court
  • there are concerns about the quality of disclosure of information e.g. on financial matters
  • one party is unwilling or emotionally unable to engage in any process of resolution
  • closure cannot be obtained in any other way

Litigation can also have consequences that must be understood when deciding which method of resolution to use.  Litigation can lead to further conflict between the parties with positions becoming polarised and direct communication breaking down.  It can be protracted and emotionally exhausting and particularly damaging to children even if the dispute is not about them.  Being prepared and understanding what is ahead; to include costs information; and why the process is the most appropriate, is essential groundwork.

We can help you decide if litigation is the most appropriate route and answer your questions.  Please speak to us on 01473 232121, request a call back here or contact us here.