Civil Litigation Process In The UKApril 24, 2023
Litigation is the main method of resolving disputes in the UK. Criminal law involves the police who carry out investigations on criminal offences while non-criminal transgressions like negligence, property disputes, breach of contract are solved through civil law.
The resolution of these disputes brings compensation in cash, goods, or services. Civil litigation can be resolved through negotiations or following the court system. Civil litigation solicitors are the people who help with the litigation process in different circumstances (file a claim, find a resolution through negotiations or the court).
They follow the rules set by the Civil Procedure Rules (CPR), where each party tries to prove their case before a judge. CPR requires parties to comply with their set regulations depending on the dispute and the claim value.
The Purpose of Civil Process Rules
Civil litigation can take time hence becoming an expensive affair. However, in the UK, it is fast because, like those mentioned above, it is a common method of resolving disputes. These rules act as guidelines to the courts to help each case take an appropriate direction and for parties to comply with the strict timetables.
Rules ensure sanity in any situation to bring forth fair and just resolutions. They are set straightforwardly for users but you should always take the help of a civil lawyer. A prominent civil solicitor can provide legal assistance for civil recovery, asset tracing, and property freezing. The rules are written in a detailed manner to cover different situations at reasonable prices within set timelines.
The primary objective of these rules is to ensure that all matters are addressed or dealt with justly, and all parties are shielded from unnecessary expenses. These rules are in play to ultimately guide the courts to manage the result in a case ultimately. Court systems are a backup to impose sanctions and ensure full compliance by all parties effectively.
Stages of a Civil Litigation Process in the UK
Since each client’s needs vary, it is important to recognise their purpose and assess how to achieve the objectives. The initial move is to scrutinise the claim, gather evidence, analyse it then provides precise advice to the client about the situation and their chances of success.
While gathering evidence, the civil solicitor must pay a visit to identify all potential defendants, their location, and if pursuing them is worth the salt. From the onset, the client must also receive full information on legal costs and how they are calculated and paid.
On payment matters, a client has several options to choose from, and discussing them openly will simplify issues. CPR provisions require civil solicitors to explore other viable options like negotiations between parties before choosing litigation as a final resort.
A solicitor must consider any other appropriate options the client is willing to use to settle disputes. A client deserves a true assessment and dissection of an entire claim candidly. After payment arrangements and claim merit are properly assessed, the next step is pre-action protocols, and pre-action conduct among the parties before the proceedings take off.
In this stage, solicitors ensure these matters are in play before moving to the next stage.
- Ensure that parties adhere to the timetable provided by the court for the litigation process.
- Set a trial date.
- Conclude the trial timetable and issues to be decided.
The Litigation Process
If other methods of settling a dispute are not possible, the claim is filed to begin the litigation process in the proper court. All claims below £50,000 are handled in the county courts while the High Court takes on claims above the £50,000 margin.
The litigation process rolls out a timeline of events, and a defendant must contest the claim in their defence in an attempt for the court to rule in their favour. Depending on the value of the dispute, the dispute is channelled to the right track with directions that must be met in specified timelines.
These directions include disclosure of dispute, exchange of evidence by witnesses, expert recommendations and preparation for a trial. The final stage is a Trial or a final hearing where a judgement is made to settle the dispute, settle costs, and the loser pays the court fees (it may vary).
Once the litigation process is complete and one party is dissatisfied with the outcome, they can appeal the decision. For example, a party will expect to be settled within a specific timeline as directed by the court.
However, if this fails, the party can go to court to help enforce the judgement, and court officials are instructed to visit the debtor and auction his belongings to get the required amount in a public auction. For this reason, civil solicitors take time in the initial stage to assess if the defendant is worthy of suing.
The civil litigation process is a common method of settling disputes in the UK. It is a straightforward process that helps settle disputes by exploring various methods like negotiations before going to court. Civil Procedure Rules govern civil litigation with the court system as a backup to help enforce a judgement, and if one party is unsatisfied with the judgement, they can appeal.