Miles Herman is a clever, understated lawyer who is at the top of his game.
First and foremost, a plaintiff must have (1) a cause of action recognised by law; and (2) establish the factual basis to support their claim. Both grounds will form the basis of the claim, detailed on the Claim Form, which is submitted to the court alongside the requisite fee. The court will in turn issue a Claim Form which is to be served on all defendants in accordance with the statutorily prescribed time limits.
A defendant will then have the choice of filing their defence within 14 days of service upon them, or admitting to all or part of the claims.
It must be noted that certain pre-action protocols apply to civil litigants, which encourage parties to share information and seek settlement, usually by mediation or arbitration, before proceeding to a full trial.
A claim may be brought by a plaintiff who is considered to “have the same interest” in a claim as persons they are representing.
In England and Wales, county courts have similar jurisdiction to the High Court. However, beyond the following claims must be brought in the High Court:
If the plaintiff believes the defendant’s filed defence has “no real prospect of success”, they may file for summary judgement. The test determined by the court is whether there is a chance the defendant’s case would succeed, and the burden of proof rests with the plaintiff to show otherwise. The defendant must submit evidence supporting the viability of their defence no less than seven days prior to the summary judgement hearing.
The effect of a summary judgement is the defendant’s defence is struck out without resort to a full trial.
During the case management process, the court holds a hearing to consider the issues in dispute and whether or not the parties are better served by entering Alternative Dispute Resolution (ADR) instead. The court will also determine a timeline for the claim to proceed and the rules for disclosure of evidence.
Raising a claim in adherence to Civil Procedure Rules is vital for protecting a right of action, as statutory limitations present a definitive barrier to bringing legal action, and contractual limitations can render time constraints even tighter.
Lewis Nedas Law holds over 40 years of corporate litigation experience with both domestic and international clients in a broad range of matters, from preliminary trial proceedings through to post-trial.
For expert advice from our Dispute Resolution Solicitors, please complete our online enquiry form.
Book a
confidential
consultation
Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.