Advice: Should I sue or should I talk?

By Curtis Law Solicitors

13 Nov 2013

Anis Waiz, head of commercial litigation at CLS, says that whilst a day in court may feel like what you deserve, sometimes it can be better to simply talk matters through.

To some potential clients, I have some rather upsetting and shocking news.

As a solicitor specialising in commercial litigation and some other rather obscure areas of law, when I’m asked to advise on issuing proceedings, my first response is 'do you really need to?'

This tends to baffle my clients. A litigator asking why we want to issue proceedings? What has the world come to!

Let me explain. Yes, some clients are determined to have their day in court, but that is until I explain that very often civil proceedings are the last thing certain clients need. Blank looks.

Proceedings can be costly, very time-consuming and to a certain extent unpredictable; the court may not even accept the client’s evidence. Is that really what the client wants?

To many business clients the idea of not issuing proceedings (except in urgent matters where money/assets have been taken) is much more understandable. To the average person who for example is owed money by another person, my answer at first seems very odd. But there is an alternative I say. More blank looks. Why not offer to meet the other party to see if we can settle the dispute on a wp basis? Clients tend to love the serious legal words ‘without prejudice’, but alas, not many lawyers understand how the rule operates.

If the client can settle a potential dispute without the need for proceedings, it’ll save time, money on court fees and even expert fees and lawyers. Yet some still want their day in court despite my advice!

Let’s put this into a business context. In 2008 CEDR (Centre for Effective Dispute Resolution) found that business disputes cost businesses £33bn a year. 80% of these disputes have significant impact on the running of businesses. The cost of business disputes comprises not only the amounts paid in legal fees but also the damage incurred by a business as a consequence of those disputes; the costs of this damage (£27bn), far outweighs the legal fees (£6bn).

Of course settling civil disputes without the need for proceedings is nothing new. Mediation has been a key part of the English legal system for a number of years and proved very successful. CEDR noted in their Fifth Mediation Audit 2012 that mediation achieved a high level of success. Just over 70% of their cases settle on the day, with another 20% settling shortly thereafter with an aggregate settlement rate of around 90%. (Source: www.cedr.com/docslib/TheMediatorAudit2012.pdf)

Even parties in civil proceedings must consider mediation, as a failure to engage can have serious costs consequences. So you see, a commercial litigator telling you not to issue proceedings is not that odd, just sound advice from lawyers you can trust!Anis WaizHead of commercial litigation CLS

Enjoyed this? Read more from Curtis Law Solicitors

Latest news

1

CoolKit delivers at record levels CoolKit Vans

CoolKit delivers at record levels

16 Apr 2026

2

MoD defence skills boost for Lancashire college Lorraine Beavers, MP for Blackpool North and Fleetwood and Luke Pollard, Minister of State at the Ministry of Defence discussing skills provision with Alex Molloy, Curriculum Manager, Engineering at Blackpool and The Fylde College.

MoD defence skills boost for Lancashire college

14 Apr 2026

3

Family-owned hotels unveil more than £1m refurbishment Nigel Seddon and Liz Brown

Family-owned hotels unveil more than £1m refurbishment

14 Apr 2026

4

Curtain rises on £1m boost for Darwen Library Theatre Artists impression of how it will look

Curtain rises on £1m boost for Darwen Library Theatre

14 Apr 2026

5

ADI delivers host of new digital stadium enhancements at Turf Moor The work created by ADI TV at Turf Moor

ADI delivers host of new digital stadium enhancements at Turf Moor

13 Apr 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
19 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Sickness Absence: key actions for your business
Logo.jpg.jpg
LBV Hub Seminars
22 Apr 2026 - 22 Feb 2026

Sickness Absence: key actions for your business

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Freelancer Meet-Up April
April Freelancer Instagram size.png.png
LBV Hub Networking
23 Apr 2026 - 23 Apr 2026

Freelancer Meet-Up April

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 00:00

Vibe Coding: "Who owns what when no one wrote the code?"
April PTC Banner.png.png
LBV Hub Networking
28 Apr 2026 - 28 Apr 2026

Vibe Coding: "Who owns what when no one wrote the code?"

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Sales acceleration in this uncertain economic climate
Logo.jpg.jpg
LBV Hub Seminars
28 Apr 2026 - 28 Apr 2026

Sales acceleration in this uncertain economic climate

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:30 - 10:30

Manufacturing for Tomorrow Club
Example.png.png
LBV Hub Seminars
30 Apr 2026 - 30 Apr 2026

Manufacturing for Tomorrow Club

University of Lancashire, Preston, PR1 2HE

09:00 - 11:30

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin