Whether it’s in business or day-to-day life, it’s not uncommon for disputes to arise. When two parties feel wronged, they may feel as though they need some sort of legal or financial remedy. However, if a crime hasn’t been committed, it can be difficult to explore legal avenues.
In cases where all involved parties wish to achieve a satisfactory resolution, civil litigation may be pursued to resolve the dispute.
At Brown Turner Ross, we are specialists in civil litigation, and in this blog, we will explain everything you need to know about civil litigation before you choose to pursue it.
What is Civil Litigation?
Civil litigation is the legal process for resolving non-criminal disputes between parties, such as people with a personal relationship or those in business together.
Civil litigation addresses situations in which individuals seek legal help, compensation, or specific obligations, unlike standard litigation, which mainly focuses on persecuting an individual.
Criminal and civil litigation are handled by different courts: civil litigation in the County or High Court, while criminal litigation is handled in the Magistrates’ or Crown Court.
Common Types of Civil Litigation Cases
If you are unsure whether or not your particular case falls under criminal or civil litigation, some examples of civil litigation include:
Contract Disputes
Contract disputes refer to cases where there are disagreements over the terms, breaches, or performance issues, typically related to business or employment contracts.
Property Disputes
Property disputes involve disagreements over real estate or other property, often involving tenant-landlord issues or boundary disputes between property owners.
Professional Negligence
This occurs when a professional fails to meet the required standard of service or care, causing financial loss or emotional stress for their client. Our experienced team of Liverpool solicitors handle a wide range of professional negligence claims with specialist expertise.
Debt Recovery
When other attempts have failed, debt recovery litigation may be used to recover unpaid debt.
Inheritance and Probate Disputes
As probate experts, these disputes are not uncommon at Brown Turner Ross. These disputes are legal conflicts over a deceased person’s estate, commonly focused on distribution, validity of a will or the executor’s actions.
Defamation or Data Protection Claims
Defamation claims involve false statements harming reputation and require proof of serious harm. Data protection claims cover inaccuracies in personal data, allowing individuals to seek compensation for material damage or non-material harm like distress or reputational damage, even if proving defamation is difficult.
The Civil Litigation Process: Step-by-Step
If, after reading the common examples of where civil litigation is a fitting solution, you need to go down the civil litigation route, here is a more in-depth look at the process.
As a leading litigation law firm in Liverpool, we have substantial experience in the process, and we are happy to answer any questions that may arise.
Pre-Action Stage
Before formal court proceedings can start, parties must follow pre-action protocols.
This begins with the claimant sending a formal letter to the defendant, which highlights the case, the basis for legal action and the remedy that the claimant seeks. The defendant is then required to respond within the timeframe proposed to the claimant, during which they may acknowledge or dispute any allegations put forward.
At this point, the parties may decide to pursue Alternative Dispute Resolution, such as mediation, to avoid litigation.
If a solution cannot be reached at this stage, the parties may choose formal court proceedings.
Issuing a Claim
If a compromise has not been met in the pre-action stage, the claimant is then required to file a claim form with the court. In this form, you should detail the information of both parties included in the claim, as well as the nature of the claim and its value. When issuing a claim form, you should expect to pay an issue fee, typically a percentage of your claim amount, so the larger your claim, the higher the fee.
Response and Defence
At this stage of the process, the defendant has a short period to acknowledge the claim and file an Acknowledgement of Service with the court, indicating their intention to defend the claim.
After this, the defendant must file a formal document called a Defence, in which they should admit or deny any claim made by the claimant and set out the reasons they believe the claim should not succeed.
Here, the defendant may also include a Counterclaim in the same document, claiming that the client owes them for a related but distinct matter.
If a defendant files a counterclaim, it is recommended that the claimant seek immediate legal advice to discuss how this may affect the claim and how you may need to change your approach.
Case Management and Disclosure
Case management and disclosure are integral steps in the civil litigation process, designed to promote a fair trial through efficient case handling and the exchange of relevant documents. The court oversees case management, setting timelines and procedures, while disclosure involves the parties sharing evidence such as documents, emails, and other records.
Case management is an essential part of the civil litigation process, and at this part of the process, parties are once again encouraged to consider Alternative Dispute Resolution.
Negotiation and Alternative Dispute Resolution
Contrary to popular belief, most civil litigation and commercial litigation cases are actually resolved before reaching court.
The negotiation and ADR stages of civil litigation are crucial and include negotiation, conciliation, and mediation, all intended to help parties reach an agreement without going to court, saving time and money for all involved.
This is the parties’ final opportunity to clear the air and develop a solution that works for everyone involved.
Trial and judgment
At this stage of the process, both sides present evidence and legal arguments to a judge. This usually occurs in the following order:
Opening statements
Each party’s solicitor will summarise the case to the judge, present their client’s perspective, and outline everything they believe to be true.
Witness testimony
Witnesses provide evidence under oath, recalling everything related to the case that they have been privy to and can confirm to be true.
Cross examination
At this stage, the solicitor for each party will cross-examine the witnesses, seeking further answers or clarification of their statements. This stage of the process emphasises the importance of really taking the time to find the right solicitor to represent you, as this stage can make a huge difference to the outcome of the case.
Expert evidence
Depending on the complexity of the case, expert witnesses may be invited to provide technical opinions to strengthen the claim or defence.
Closing submissions
When all evidence has been presented and all witnesses have taken the stand, solicitors will then summarise the client’s case and finalise any legal arguments.
Enforcement of judgment
The enforcement of the judgment stage is the final and essential part of civil litigation, where the winning party aims to recover the awarded amount or enforce the court’s order.
It’s important to recognise that winning a judgment doesn’t ensure the debtor will voluntarily pay. As a result, different legal enforcement tools are used. These include third-party debt orders (previously garnishee orders) to access bank account funds, charging orders to secure debts against property, writs or warrants of control that allow enforcement officers to seize and sell assets, and attachment of earnings orders that deduct amounts directly from the debtor’s salary.
Typically, the debtor will receive a set period, often 14 days, to pay the owed amount before action begins.
Get the Civil Litigation Support You Need With Brown Turner Ross
After reading this guide, you should now have a more in-depth understanding of the civil litigation process in the UK. Where possible, we recommend Alternative Dispute Resolution before pursuing a court case. However, if taking the matter to court is unavoidable, we strongly suggest working with an expert solicitor who can provide the support you need.
At Brown Turner Ross, our litigation solicitors provide a range of legal services. We have helped countless clients achieve their desired results in a civil litigation case, and we are ready to help you receive the compensation that you deserve.
Contact our team today to find out how we can help you with your business legal needs or personal civil litigation matters.