Civil litigation lawyers in The Gambia

Do I have a civil claim worth pursuing?

A serious disagreement does not always produce a claim that is practical to pursue. The first review considers the legal basis, who may be responsible, the evidence, time limits and the result you need. It also considers whether the proposed defendant can satisfy a judgment or carry out the obligation being sought.

Tell us whether you want payment, performance of an agreement, possession, an end to particular conduct or a negotiated exit. Those aims may require different approaches. A realistic assessment should identify weaknesses and alternatives as well as arguments in your favour.

Solie Law Chambers advises individuals and organisations on Gambian disputes. For a business contract, see our commercial litigation service. For contested land or a failed property transaction, see property disputes.

What evidence will a civil lawyer need?

Prepare a short chronology with dates, people and the key events. Link each important event to the available documents rather than relying only on a general account of what happened. Keep material in its original form wherever possible.

• The agreement, quotation, instructions or other basis of the relationship.
• Invoices, receipts and proof of payments, with a calculation of what remains disputed.
• Messages or letters showing what was requested, agreed, delivered or refused.
• Photographs, inspection records or professional reports already available.
• The names of witnesses and the facts each witnessed personally.
• Any admission, earlier demand, settlement proposal or court document.

Where there is no signed contract, other evidence may still matter. That does not mean every informal promise is enforceable. We need to consider the complete circumstances and the applicable law. Disclose missing records and inconsistent accounts early.

What if someone is bringing a claim against me?

Provide the full papers and the date of receipt, even if you deny liability or think the claimant has named the wrong person. A response may involve disputing the facts, the legal basis, the amount or the procedure. It may also require consideration of a related claim of your own.

Do not ignore proceedings while trying to negotiate directly. Tell us about deadlines, previous lawyers, payments already made and any agreement reached. Admissions and partial payments can affect the position and should be discussed before a response is sent.

Can a demand letter or negotiation resolve the dispute?

A properly considered letter can identify the complaint, supporting facts, requested remedy and proposed next step. It should be grounded in the evidence. Threats of proceedings are not a substitute for checking whether a claim is viable.

Negotiation may be useful where the parties need to preserve a relationship, agree instalments or resolve several connected issues. Any settlement should deal with the parties bound, payment or performance, the treatment of existing proceedings and what happens if a promise is not kept. The need for court approval or a formal order depends on the matter.

What happens if proceedings are necessary?

The next steps depend on the court and type of claim. Work may include preparing the claim or defence, arranging service, addressing procedural directions, exchanging evidence and attending hearings. The scope of instructions should make clear which stages the firm is undertaking.

Urgent protection may need separate consideration if assets, property or evidence are at risk. Explain the facts and timing straight away. Whether interim relief is available depends on the legal test, evidence and court decision; it cannot be promised in advance.

How do costs and enforcement affect the decision?

Compare the likely benefit with the legal work, expenses, time and risk involved. A claim can be legally arguable but uneconomic if the amount is small or recovery is unlikely. Discuss a staged review and budget before committing to proceedings.

A judgment and successful recovery are separate questions. Identify any reliable information about the other party’s assets, without accessing records unlawfully. See enforcing a judgment, debt recovery and our fees guide. Overseas clients should also explain where the parties and assets are located so that jurisdiction and practical enforcement can be assessed.

Prepare a staged dispute budget

Ask for the work to be divided into the immediate review, pre-proceedings steps, court work and any later enforcement. For each stage, identify the intended outcome, information needed and fee basis. Official fees, experts, translations, service and travel may need separate estimates.

Agree a decision point before expanding the work. New evidence, a viable settlement or a change in the other party’s position may affect whether the next stage is proportionate. Ask what circumstances could increase costs and how further work will be authorised.

Keep the budget separate from the amount claimed. Spending money on a case does not establish that all costs will be recoverable from the other side. The practical value of a result also depends on the available enforcement route.

Related guidance

• Court representation
• Choosing the next dispute step
• Enforcing a judgment