Can I claim damages for breach of contract?
If you have entered into a valid contract with another party and they have breached the terms of the deal, you may be able to claim compensation in the form of damages. There are also other remedies available for breach of contract including injunctions and specific performance.
The object of damages is to put the claimant back into the position he or she would have been had the breach of contract not occurred.
Our legal team are highly-experienced in contract law and can provide fast, responsive advice, and representation if you have suffered loss due to a contractual breach.
Can I make a claim if I have suffered loss due to someone’s negligence?
The solicitors at RVS Solicitors can assist you with claims involving negligence. The negligent party could be a person, local body, company, or professional.
To establish negligence, you must prove, on the balance of probabilities that:
- the defendant owed you a duty of care,
- they breached that duty,
- that breach resulted in you suffering damage, and;
- that damage was foreseeable
We will swiftly advise if you have a chance of making a successful negligence claim. Alternatively, if you have had a claim for negligence brought against you or your business, we can assist you to on mount a strong, persuasive defence.
What are the defences available for tort claims?
You may have a defence in a tort claim if you can show the following:
- you did not owe the claimant a duty of care
- there was no breach of duty
- there was a break in the chain of causation such that, even if there had been a duty owed, which was breached, that breach was not causative of the claimant’s loss
Damages can also be reduced, or a complete defence made available if the defendant can show:
- there was contributory negligence by the claimant
- they had excluded their liability
- the negligent act or omission was done out of necessity or self-defence
- the limitation period for bringing the claim has expired
What is the limitation period for bringing a civil litigation claim for compensation?
When seeking to bring a claim it is important to ensure that it is brought within the time frames provided for under the Limitation Act 1980. A failure to do so could enable a defendant to have a complete defence against the claim.
The general limitation periods are as follows:
- contract – six years from the date of breach
- tort – generally six years from the cause of action except in personal injury cases where the limitation period is three years, defamation (one year) and latent damage (three years from the starting date).
- professional negligence – six years from the date of damage (tort) or breach (contract)
Even if you suspect you have left it too late to make a claim for compensation, come and talk to us. The Limitation Act 1980 provides several ways the limitation period may be extended. Our civil litigation team will carefully examine your case and, if there is a possibility the time limit can be extended, build a persuasive argument to present to the court.
What are the Civil Procedure Rules?
The Civil Procedure Rules (CPR) govern the procedure in English and Welsh courts. They are designed to ensure all parties to a civil litigation are on an equal footing, that proper disclosure is made, and the way a case is dealt with is proportionate to the amount of money involved.
Not following the CPR can lead to serious consequences for a claimant or defendant, which is why it is crucial to instruct an experienced solicitor to manage your case.
Do I have to go to court to receive compensation?
Fortunately, most cases are settled out of court. Another objective of the CPR is to encourage parties to use alternative dispute resolution methods such as mediation and/or negotiation to resolve differences or make a Part 36 offer with a view to reaching early settlement.
At RVS Solicitors, we are committed to trying to reach a settlement for our clients that serves their best interests. If this means having to go to court, we will do so. However, to save our clients time, money, and peace of mind, we always attempt to seek resolution through alternative methods.
If you are facing a civil litigation claim, come and talk to us. We can quickly establish the best course of action for you to take to resolve the matter quickly and cost-effectively whilst meeting your objectives.