In England and Wales, litigation has a systematic structure that is designed to resolve disputes between the parties. The process of taking a dispute to court is known as litigation. A court case can take a lengthy time to prepare, with several steps to be gone through before the actual hearing. Litigation can be used for a wide range of disputes, including commercial disputes, employment issues and family law matters. There are a range of different courts and tribunals, depending on the nature of the case to be heard as well as the value of your claim. The overview of these steps is:
THE PRE-ACTION CONDUCT
Before a claim is issued a party should wherever possible ensure that it has complied with the General Practice on Pre-Action Conduct (PDPAC) set out in the Civil Procedure Rules (CPR). The PDPAC sets out several requirements which should be met before a claim is issued. These include sending a detailed letter before a claim to the other party setting out thorough details of the case and allowing the other party to respond in detail. Parties are required to truly engage at this stage, and if there is a failure to do so the case can be 'stayed' by the Court until there has been proper engagement. One of the PDPAC requirements is to consider Alternative Dispute Resolution (ADR) to resolve the dispute. It is important that it can be demonstrated that this has been properly considered and offered as a method of resolution before proceedings are issued. It may be that a prejudiced offer is made to settle the dispute at this stage. This offer is not able to be used as evidence before the court or referred to until the end of the case. The offer may be made under Part 36 of the CPR.
ISSUING THE CLAIM AND EXCHANGE OF STATEMENTS
This is done by issuing a Claim Form, with an accompanying Particulars of Claim. This should set out the claimant's case and state the nature of the remedy claimed (such as payment of a specific sum, for damages to be assessed, or for a declaration or other order). The court will then issue the claim and then service of the claim form upon the defendant will need to take place. Service can be carried out by the court or by the party bringing the claim. Once the defendant is served with the claim, generally, the defendant has 14 days to file an Acknowledgement of Service and a further 14 days to file a Defence (though a limited extension can sometimes be agreed). Once the Defence has been filed the courts will allocate the claim to the appropriate track, and that will govern the specific directions that will need to be followed to progress the case.
EXCHANGE OF EVIDENCE
Once the claim has been allocated the court will provide directions to the parties. In the small and fast track, these are usually standard with the fast-track directions all taking place in the 30 weeks between issue and trial. If the claim has been allocated to the multi-track, then a case management conference will often take place and tailored directions will be provided. The parties will be required to carry out disclosure and exchange witness statements during this time with timescales for these being set out by the court. This stage may also include the exchange of expert evidence, where such evidence is required.
TRIAL
The court will provide a date for the trial and set it for the length of time that it sees fit for the trial to be heard. The parties will have been requested to provide a list of dates which are unsuitable before the courts provide a date for the hearing. During the trial, the court will hear legal submissions, witness evidence and expert evidence (if appropriate). The court will often reserve judgment except in straightforward cases and the judgment will be given at a later date in an additional short hearing at court.
POST TRIAL
If you receive judgment in your favour the other party will be ordered to do/pay whatever the court has decided within a set period. If you receive a judgment against you then you will have the opportunity to appeal this decision. The time frame for appealing provided the right to appeal is granted is usually 14 days from the date of the decision. The court also has the power to award costs which will be set out in the judgment.
HOW WE CAN HELP?
As each case is different, the particular steps required, and timetable followed, will depend on the facts, circumstances and nature of the dispute. Some factors cannot be predicted in advance, such as actions taken by the defendant, evidence that emerges during the case, and directions or orders given by the court. We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.
Contact Information
Our team is located in Reading and Hounslow. To find out more, please get in touch with us.
You can contact us via:
Telephone: 07830970711
E-mail: gl@rlcsolicitors.co.uk
Address: REGISTERED OFFICE ADDRESS:
10 Wychelm Road, Reading, Berkshire RG2 9DJ