One party, referred to as the claimant, initiates legal action by bringing a disagreement before the court. It may be time to let the courts decide if you have attempted to settle a legitimate claim and have failed to come to an understanding with the opposing party.
If you are interested in Litigation Crowdfunding , check this read Litigation Crowdfunding: Do's and Don'ts — 8 Tips to Maximize Success. The Civil Procedure Rules 1998 (CPR) regulate the litigation process in England and Wales. These guidelines specify the proper handling of claims, including due dates, the filing of documentation, and the obligations of both parties. These guidelines must be strictly adhered to if you choose to pursue a claim in court.
You can better prepare for the future if you know how the litigation process works. Below is a summary of the usual steps involved:
1. Pre-Action Stage
Although it occurs prior to the start of official court proceedings, this initial step is an essential step in the procedure. Typically, you must send the other party—also referred to as the potential defendant—a Letter Before Claim. This letter should:
- Describe the nature of the disagreement
- Indicate the remedy you are looking for, such as money, an apology, or a particular course of action
Consult the important documents that back up your claims. Suggest an ADR process, such as arbitration or mediation.
2. Making a Court Claim
You must submit important paperwork to the court in order to formally begin your case, including:
- A Claim Form, which lists the parties and the nature of the claim.
- A Particulars of Claim, which is a more thorough statement outlining the legal foundation and facts of your case.
The defendant has several choices after receiving these:
- File a defense to refute the accusations
- Contest the court's authority or argue the claim is without merit
- In certain situations, accept all or part of the claim
In order to address any additional points brought up, you, the claimant, may then decide to submit a Reply to Defence.
3. Case Handling and Trial Guidance
Case management is the process by which the court controls the course of the case after the claim has been accepted.
One of three tracks will be assigned to your case by the court:
- Small Claims Track (lower-value, simpler claims)
- Quick Track
- Multi-Track (higher-value or more complicated cases)
4. Going to Trial
The matter will go to trial if a settlement cannot be reached. This is the time when witnesses are questioned, evidence is submitted, and arguments are made by both sides. Each side is typically represented by a solicitor advocate or barrister.
Trials can last anywhere from one day to several weeks, depending on their complexity. Your legal team will also prepare documents such as a skeleton argument, which is a summary of your position for the judge, and the trial bundle, which compiles all of the evidence in one location, prior to the trial.
5. Evaluation
The judge will render a judgment after hearing the case. The judge may make a decision right away in simple cases. The decision may be made days or even weeks later in more complicated cases.
6. Appeal
Either party may ask for permission to appeal if they think there was a significant legal or procedural error. Permission isn't always given, though, and appeals are only permitted in certain circumstances. The initial judgment may be "stayed" (paused) until the appeal is resolved if it is granted.
Usually, the losing side will be ordered to pay some or all of the winning party’s legal costs. To do this, both sides submit a Bill of Costs, which details the expenses incurred.
Cost evaluations may be scheduled for a different hearing, but they are occasionally completed right after judgment.
Litigation can be costly, time-consuming, and complex, as you can see. Because of this, many cases are resolved through negotiation before going to trial.
Clear contracts with well-written terms and conditions can lower the likelihood of ever having to go to court. However, being aware of the procedure and seeking legal counsel as soon as possible can help you make confident, well-informed decisions in the event of a dispute.
Understanding Litigation: The Basics and Beyond