In the UK civil law is utilised for non-criminal offences. Civil litigation is the mechanism whereby legal and equitable rights are asserted, determined and enforced through the court, in the absence of agreement between the parties.
Disputes include topics such as negligence, breach of contract, property, probate and divorce to name but a few. These disputes generally include two or more parties, typically seeking compensation for damages, the provision of monetary funds, goods or services. In addition, the civil process can be used for enforcement purposes i.e. to recover monies or enforce a particular court order for example.
What is the process in a typical civil case?
In England & Wales, the Court has a set of rules known as the Civil Procedure Rules. These are really important in Civil Litigation and all parties must adhere to the Civil Procedure Rules which provide instructions as to how to deal with matters. Their aim is to promote the quest for justice in a timely, cost-effective way.
The civil litigation stages
There are multiple important stages to be aware of when considering whether to pursue a civil litigation claim. These can be broken down into pre-litigation, the issue of court procedure and post-litigation.
Each stage involves several steps and processes but this is the basic narrative that all civil claims will follow, unless settled before court proceedings are started.
Pre-litigation process
The Civil Procedure Rules sets out certain steps parties should take before a Claim is issued at Court. These are called Pre-Action Protocols. There are different protocols depending on the type of dispute and your solicitor will be able to advise you as to your specific case, but the general protocol is the ‘Practice Direction on Pre-Action Conduct and Protocols’.
The general first step before a claim is the writing by the ‘Claimant’ to the other party (the ‘Defendant’) with a Letter of Claim. This should include details of the claim, a summary of facts and what the Claimant wants from the Defendant.
The court litigation process
If there is no response from the Defendant during the pre-litigation stage or the matter cannot be resolved then the parties should consider Alternative Dispute Resolution, such as mediation. If the matter still cannot be resolved, then an application to court will usually follow.
Court proceedings can be issued in the County Court or the High Court (subject to various rules on venue, value, process etc) and the Civil Procedure Rules divide litigation into three different ‘tracks’ depending on the value of the case. The majority of cases are allocated to the small claims track (usually the claim’s value is under £10,000). Look out for future articles where we will examine the different available ‘tracks’ in the civil litigation process.
Within 14 days of receiving a copy of the court application, the Defendant must file an acknowledgement of service stating whether they intend to defend the case. The Defendant then has a further 14 days to file and serve its Defence or even a counterclaim if they wish to.
After a Defence has been filed, the court will allocate the case to the appropriate track and it will also direct that the parties complete a number of interim tasks such as disclosing of evidence, exchanging of statements, obtaining expert reports (if appropriate) and preparation for trial (a final hearing).
The last stage of the litigation process is Trial. Here the claim will be decided and a Judge will make a decision. It is generally accepted that the loser of the case will pay the court fees on behalf of the winner, but this may not necessarily be the case.
Post-litigation stage
This stage is only relevant if either party has an issue with the outcome of the case and, for example, the loser wants to appeal the case.
Need help with a civil claim?
Neale Turk Solicitors will provide you with an estimate of the costs in any dispute and advise you of the procedures involved, to include any alternative dispute methods, such as mediation and arbitration, in an attempt to resolve matters without the necessity of attending court and incurring additional costs.
Whatever your dispute, please contact Andrew Green for initial legal advice.