Dispute Resolution
The litigation and dispute resolution services we offer to our clients varies depending on their specific needs at any one time. We deal with anything from claims brought against the client, to defences submitted in response to an action we have issued on their behalf.
We offer a full service approach, dealing with cases from the very outset using dispute resolution and negotiation techniques, including asset recovery measures to cover applying for injunctive relief, if necessary, through court proceedings collection and all that may come in between.
We address counterclaims, Part 20 claims, allegations of fraud, mis-selling, misrepresentation and many other issues that arise during the process (including all types of regulatory and compliance issues).
We recognise that claims can carry reputational and commercial risk for our clients, and we help them to navigate through this complexity. We investigate wrongful interference claims, trespass claims and the so-called ‘innocent purchaser’ claims.
The team work on a wide range of issues that may arise throughout the management of asset, motor and consumer finance cases. Our expertise and experience in the industry, both from a contentious and non-contentious angle, ensures that we are fully equipped to deal with all such issues. We also support our clients to act on satisfactory quality and fitness for purpose complaints and disputes, which may be made directly, via FOS or via the courts.
Our Approach to Disputes
We approach any complaint or dispute by asking the right questions at the very outset, so we can provide an upfront assessment of our clients’ position and chances of a successful recovery. We can develop a strategy that covers all angles whilst ensuring that the client feels in control of the brief and the process throughout. We manage the risks of litigation by providing effective alternative dispute resolution strategies where appropriate.
Our market and sector experience, as well as our expertise in credit and finance products, allows us to help our clients to manage and minimise their litigation risks, as well as look at the prevention and cure, updating the front-end processes to avoid such disputes or complaints reoccurring. We work with our clients to resolve disputes efficiently, effectively and in line with their commercial objectives, tackling and resolving financial disputes and regulatory investigations as and when they may occur.
We find that clients consider it advantageous to have both contentious and non-contentious services available in one place, in the one team, as this means they do not have to seek additional support elsewhere. Our clients recognise and value the all-encompassing approach we can offer, and we find that this in turn helps build trust and develop the working relationship. Our approach emphasises our practical understanding of clients’ business problems and our strong legal understanding of them.
We see dispute resolution, litigation and regulatory enforcement as a form of risk management that is best approached in partnership with our clients.
Without Prejudice Meetings / ADR/Mediations
We are proactive and deal with disputes as expeditiously as possible; we believe acting quickly is essential to reaching an amicable solution and keeping our clients’ legal costs down. Getting the parties together at without prejudice meetings and/or mediations is key. If cases progress to trial, we have all the expertise to see them through.
We obtain witness statement evidence, instruct experts, attend hearings and analyse evidence to make an assessment of the prospects and risks in each case, ensuring that we can provide the best advice and recommendations to our clients throughout the process.
Complaints Handling and FOS
We support our clients’ response to the Financial Ombudsman (FOS) claims, reaching a balance between fairness and legal position in their final response letters and dealing with customers. We advise and train collections, recoveries and litigation teams on general complaints handling, and assist in dealing with the responses to the FOS. We also train our clients on correct use of the Dispute Resolution section of the FCA handbook. We have also drafted and provided policies, procedures and guidance to help resolve complaints efficiently and effectively, including Final Response letters. We have also offered up secondment opportunities to our clients, which benefits them and strengthens our working relationship with them. Where necessary we will assist the resolution of complaints so as to prevent their escalation, or will liaise with FOS to achieve the best possible outcome for our clients.