The best outcome, of course, is to avoid court altogether. That’s why Lawgistics works closely with members to resolve issues before they escalate.
All our members have access to our Legal Helpline year-round. You can pick up the phone and speak directly to one of our motor trade legal experts. Each of our advisers has deep industry knowledge, and if something is unfamiliar, they’ll consult with the wider team and call you back to ensure you get the right guidance. Whether it’s an employment matter, a consumer issue, or any other trade-related concern, our 25 years of experience can give you peace of mind.
Members can also submit issues as casework for one of our experts to review. Much like a hospital triage, we deal with these in order of priority. If bailiffs are at your premises, for example, we will review your paperwork immediately. If a customer has issued a 14-day deadline, we’ll take note of that but aim to get a response out within our standard five-day maximum turnaround.
Taking expert advice early and responding promptly is one of the best ways to prevent court action. Another key step is honouring decisions made by The Motor Ombudsman (TMO) if you’re signed up with them. By joining, you’ve agreed to be bound by their decisions. We currently have two members who chose not to follow a TMO ruling and are now facing court proceedings. In one case, the judge was clearly unimpressed that the dealer had ignored the TMO’s decision. Interestingly, the consumer claimed the decision was binding, while the dealer had an email from the TMO stating otherwise. We’ve written to the TMO for clarification and are awaiting their reply.
We were also in court ourselves this week following a judge’s claim that we were not authorised to litigate on behalf of our client. That’s a serious matter, as assisting in litigation without proper authorisation and insurance can carry criminal penalties. We had no choice but to challenge the decision. At our own expense, we instructed counsel to prepare a comprehensive skeleton argument and attended the hearing in person to provide evidence. We won. The judge’s decision was revoked. However, it is almost impossible to recover costs when the error comes from the court itself, so that was money we won’t get back. It’s a clear example of how court can sometimes be unavoidable.
This is exactly why we created Lawgistics Litigation for the Motor Trade, but it also reinforces why we encourage all members to make full use of the Legal Helpline and our Casework Service to avoid getting to court in the first place.
If you want practical tips on how to stay out of court or how to position yourself to win if a claim does reach that point, register your interest for our upcoming course ‘Courtroom Ready – A Practical Guide for Motor Dealers’ from the Lawgistics Training Academy.
And remember, our members benefit from expert legal support, professional case handling, and the reassurance of knowing we’re always in their corner.
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