Ways of Seeking a Remedy

Abstract

Once it has been established that you have a legal problem requiring a remedy, you have to decide what is the best, cheapest and quickest way to resolve it. The majority of civil disputes, among individuals, firms, companies, tenants, landlords, government departments and other organisations, are settled out of court, sometimes even as late as at the doors of the court-room itself on the day the action is due to commence. In fact it is a wise policy to avoid court action if you possibly can. Court actions can be slow and are often costly, and after you have waited for months and even years and paid lawyers and court fees, you may find you gain far less than you had hoped. There is also the risk that you will lose your case and have to pay your own costs and those of the other party. Even if you win your case and are awarded compensation, this is not the same as receiving the money. Often — especially in court cases — the losers do not pay up, simply because they have no money or realisable assets, or maybe because they are cunning and experienced dodgers who dishonestly avoid payment indefinitely. The onus is then on you, the creditor, to enforce the judgement through the court — this means that you ask the court to take further steps to retrive the money and this will cost you additional fees and can leave you even more out-of-pocket than you were before.