The legal system can seem confusing if you are not familiar with it, full of complicated language and procedures. Litigation means taking legal action to settle a dispute, but the steps you follow depend on your specific situation. Here, Buckinghamshire’s Davis Law explains civil litigation. This area of law deals with non-criminal disputes between people, businesses, or organisations, and provides a clear way to seek compensation or get someone to do something specific. If you are in a dispute that negotiation has not resolved, learning about this process is important to protect your interests.
What Is Civil Litigation?
Civil litigation is the legal process used to settle disputes when one party believes another has done something wrong, like breaking a contract or being negligent. Unlike criminal cases, where the government brings charges, civil litigation is when one person or business sues another to fix a personal or business problem. The main goal is usually to get financial compensation or to stop certain actions, not to send someone to jail like in criminal litigation. Knowing this difference helps you understand what the court can do for you.
The Civil Litigation Process in the UK
Going through civil litigation in the UK takes patience and careful planning, as the process follows clear steps meant to encourage early settlement. It usually starts with a letter before claim, where you and your solicitor explain your case to the other side before involving the courts. If this does not lead to an agreement, the next steps are filing a claim form, then the defence, sharing evidence, and preparing witness statements. Most cases are settled before reaching trial.
The Importance of Pre-Action Protocols
The most successful and respectable litigation strategies start before the litigation phase even begins. First, claimants must follow a specific set of pre-action protocols. This phase involves several steps that will outline the rules for communication between parties and the sharing of information. Both sides of the dispute are expected to make an earnest attempt to solve the problem before going further. Ignoring these procedural expectations can potentially lead to financial penalties, even if you win your case.
Issuing the Claim Form
If pre-action talks do not work, the next step is to start formal legal proceedings. This means filing a claim form with the court, explaining your complaint and what you want to happen. Once the defendant receives this form, they have a set time to reply, admit the claim, or defend themselves. At this point, the dispute becomes a formal legal case, and both sides must carefully consider their positions. When you work with Davis Law, our team will handle the actual filing for you.
The Disclosure of Documents
Disclosure is often the hardest part of the process, but it can decide the outcome of a case. At this stage, you must share all documents related to the dispute with the other side, even if they are not helpful to your case. You cannot hide important evidence. Being open is required for a fair trial. This step often leads to settlement, as both sides see the real evidence and can judge the strength of their arguments.
Witness Statements and Expert Evidence
After sharing documents, the next step is to prepare witness statements. You and your witnesses write down your accounts of what happened, and these statements are your main evidence at trial. In more complicated cases, you may also need expert evidence, such as a surveyor for property issues or a doctor for medical claims. These experts must be impartial and serve the court, not just the side that hires them, which can strongly affect the judge’s decision.
Types of Legal Litigation in Civil Cases
Civil law covers a wide range of non-criminal disputes that can happen in everyday life or business. Legal litigation includes many types of conflicts that affect your safety, finances, and property rights. Some of the most common types of civil litigation include:
- Personal Injury Claims
- Medical Malpractice and Clinical Negligence
- Intellectual Property Disputes
- Employment and Labour Law
- Tenancy Disputes
- Product Liability Claims
- Real Estate and Property Conflicts
- Commercial Contract Disagreements
How Long Does Civil Litigation Take?
Many clients want to know how long litigation will take. The answer depends on how complicated the dispute is and how willing both sides are to cooperate. A simple claim might finish in six months to a year, but a complex case with many experts can take eighteen months or longer. Court schedules also matter, and current backlogs can cause long delays between starting the case and the trial.
Costs and Risks of Civil Litigation
Money is often the biggest worry in a lawsuit, and a good civil litigation lawyer will tell you this from the beginning. Besides your own lawyer’s fees, you need to plan for court fees, expert reports, and the risk of having to pay the other side’s costs if you lose. The losing party is sometimes required to pay the winner’s legal bills as well as their own. This risk makes people think carefully before starting a case.
Schedule a Consultation Now
Dealing with a legal dispute can be overwhelming, but you do not have to go through it alone. By learning about the process and getting help from an experienced lawyer, you can handle your case with more confidence. If you want advice about a possible claim, contact Davis Law today to talk about your options.
Frequently Asked Questions
What is meant by civil litigation?
Civil litigation is the legal process for disputes that involve noncriminal cases for situations such as monetary damages and specific performance.
Are most civil cases settled?
More often than not, civil cases are settled before the issuance of a claim form with a court. During the pre-action and negotiation phase of a civil dispute, parties can settle the case to avoid the cost of the lengthy litigation process.
What cases are heard in a civil court?
Civil courts handle a diverse range of matters, including family law disputes, personal injury claims, breach of contract, property disputes, and negligence cases.
What do most civil cases involve?
Most cases involve a dispute over money or property, where one party alleges that the other has caused them financial loss or harm through their actions or inaction.
Which courts handle civil cases?
It depends on the value of the dispute. The County Court is typically the appropriate venue for standard matters involving amounts below £10,000, but some situations can lower that value to £1,000, such as personal injury or housing despair. Higher value cases are usually heard by the High Court.
When Should You Consider Civil Litigation?
You should consider litigation only after you have exhausted all other methods of dispute resolution, such as negotiation and mediation, and when the value of the claim justifies the potential costs.