Facts behind the quarrel


The facts of the dispute must be clarified, so that the really important points can be sifted out and proved. This process includes getting hold of all available documents and information in relation to what has happened. In practice such effort is seldom wasted; even if it does throw up documents which do not support the litigant’s case, forewarned is at least forearmed.

The problem may need the advice of surveyors or other professional advisers, who can then give expert evidence. Unfortunately, professional advice is rarely free, and if the professional then needs to prepare documents or appear at court to give evidence, the cost of his or her time is likely to be substantial and will therefore considerably increase the costs of the dispute.