FREQUENTLY ASKED QUESTIONS

THERE ARE MANY QUESTIONS TO BE ANSWERED IN GROUP LITIGATION. WE HAVE ADDRESSED SOME OF THE MOST COMMON ONES BELOW:

Litigation can be a lengthy and complicated process. At Catalyst Litigation, we try to simplify this process as far as possible for our clients.

We appreciate that you will have questions on the process, expected time frame and costs associated with securing legal redress, so we hope you find the answers we have outlined to be useful.

If there is an area that we haven’t fully addressed here, we are always happy to discuss matters by e-mail or directly on the phone.

  • Our solicitors will make a claim on your behalf for the sum you invested, whether that is the deposit you paid to secure your purchase on the property development or the full amount you paid for your property.

    We will also make a claim for reimbursement of interest on the deposit on your behalf. The interest rate is usually in the region of 3-4% and this is set by the court.

  • It generally takes between 12 to 18 months for a case to be settled in court.

    Fortunately, most cases we have managed have tended to settle successfully out of court. Settlement out of court often takes less time.

  • All recoveries, whether they are an agreed settlement or following a court order, are paid to a trust account administered by our UK lawyers and you will be paid directly by them.

    Payments would normally be processed within a few weeks of settlement funds being received.

  • If the claim is against the developer then yes, you could.

    However, claims against the developer are never normally viable for the simple reason that they will not have the funds to pay.

    What we do is find alternative routes to compensation from a defendant who can pay, so that is normally against one of the professionals involved in the transaction such as the solicitors or insurance brokers or other insured professional as the case may be.

    In a claim against a professional, you cannot claim the rental income you were promised or the buyback sum you were promised.

    The focus of a professional negligence claim is to recover the funds you invested and have lost.

  • Claims should be initiated as soon as you are aware that you are in a position to make one.

    In order to fully comply with litigation protocol it is best to start a claim, even where the size of claim is still to be agreed by the administrators of the failed development.

    Initiating a claim in a timely manner also means your case should settle as quickly as possible.

  • Yes. There are strict time limits.

    Under UK law, the time limit for making a claim against a solicitor or conveyancer for professional negligence is 6 years. This is measured from the time that you entered into a contract with the solicitor or conveyancer for the property purchase.

    There can be some cases where you have a different time limit. This occurs where you could not have known that you had a claim until a later date.

    Our lawyers will be able to advise you on the appropriate time limit in each case.

  • Investors are stronger together.

    We know from the many successful group claims that we have settled that a well managed litigant group can exert influence to a degree which is difficult to achieve as an individual. This is very helpful when we negotiate your final settlement sums.

    There are also cost saving benefits. In a group action claim, many individuals share legal expenses so there is an overall reduction in cost for each individual.