Unlike the US, where just about any Tom, Dick, or Harry can go sue someone in court (perhaps even on television!), most civil cases do not even reach open court in the UK. Several thousand civil lawsuits are claimed yearly, yet only a small percentage of them are argued in front of a judge and jury. Most civil actions are resolved through statutory or voluntary complaints procedures, or through mediation and negotiation. In commercial property and building disputes, Arbitration is also common.
The way in which the British legal system is structured places a great deal of power in the hands of solicitors and their expertise in out-of-court methods of settlement, rather than barristers (trial lawyers), whose expertise is focused in court arguments. This can be very deterring for anyone about to enter a legal process, of any type. This is especially true for personal injury and property (private or commercial) - after all, in such a procedure oriented system, he who has the best solicitor wins.
Inexperienced citizens often find Personal Injury law an especially tricky field. There is a time limit on taking legal action for compensation, you have to know all the information you need for your claim, and there is quite a lot of legal paperwork involved. A personal injury case, whether physical or psychological, against an individual or a corporation, should only be navigated with the help of a savvy and experienced solicitor at the helm. There are depositions, proofs, claims assessment, and many other tiny details that most people are absolutely ignorant of (and most wish to remain so).
Imagine the following scenario: A nameless corporate delivery lorry slams into you on the motorway (let's say the M4), breaking your leg and wrecking your car completely. You can't go to the office for two weeks, since you're in hospital, and your insurance isn't paying you your total loss for the car for another month, causing emotional and financial distress (you have to hire a car). There is a time limit to your ability to take any compensation action against the company that owns the lorry and pays the driver. In cases such as this, a good solicitor will not only settle with a compensation for the car, loss of income and medical expenses. A good solicitor can also get compensation for the emotional distress, and perhaps even enable you to hire a driver to take you the office.
Now, try to imagine navigating the legal pitfalls against a corporation with a team of power-lawyers all riled up to stop any lawsuits from coming through the chinks. Corporate lawyers will trip you over with obscure clauses in the law, bury you in paper (sacrificing a rain forest or two in the process), and generally make your life intolerable. If you're already suffering from the personal injury, this isn't much help.
Another field that often embroils the poor, unsuspecting citizen in murk is property law. Considering that a great national pride in Britain is home ownership and property acquisition, it is no wonder that property disputes arise more often than not. Both private and commercial property laws are complex and convoluted, and even the smartest person on earth might not understand them if they haven't read and practiced the law. Legal transition of ownership problems and bad legal advice have crushed many dreams of home ownership, as well as business ventures and development projects.
This does not mean that you should rush off and sue your ex-boss for emotional distress because he fired you with a form letter. After all, this isn't the United States, where lawsuits appear to be some type of national sport. What it does mean, is that if facing a legal entanglement, be it property, personal injury, divorce, or some other area, find the best solicitor for you. One that is knowledgeable and experienced, and most importantly, that you feel comfortable with.
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