Litigation in the UK refers to the legal process of resolving disputes through the court system. It can involve individuals, businesses, or public bodies and is divided into civil and criminal proceedings.
However, those not familiar with litigation may be confused by the litigation process, sometimes preventing them from even engaging with it in the first place. Let’s take a look at how it works.
The Litigation Process
1. Pre-Action Stage
Before court proceedings begin, the parties are usually required to follow a pre-action protocol, which includes exchanging information and attempting to settle the dispute. This helps resolve matters without the need for litigation.
2. Issuing a Claim
If settlement efforts fail, the claimant (the person bringing the case) files a claim form with the appropriate court. In civil cases, this is often done in the County Court or High Court, depending on the claim’s complexity and value.
3. Defence and Case Management
The defendant has a set period to respond. If they dispute the claim, both sides will exchange further evidence, including witness statements and expert reports. The court will manage the case by setting deadlines and procedural steps.
4. Trial and Judgment
If the case proceeds to trial, both sides present their arguments before a judge. After considering the evidence, the judge delivers a judgment, which may include financial compensation or other legal remedies.
5. Enforcement and Appeals
If the losing party does not comply with the judgment, enforcement measures can be taken, such as seizing assets or obtaining a court order. If a party is dissatisfied with the outcome, they may seek an appeal, but this is only granted in certain circumstances.
Alternative Dispute Resolution (ADR)
Before or during litigation, parties may opt for ADR methods, such as mediation or arbitration, which can save time and costs compared to a full court trial. This involves resolving disputes without going to court.
Conclusion
Litigation in the UK follows a structured process designed to ensure fairness and justice. However, court proceedings can be lengthy and expensive, making early settlement or ADR attractive alternatives in many cases.
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