Civil Litigation relates to disputes involving individuals and their rights in areas such as Contract, Civil wrongs, Tort Law, Property Law and other miscellaneous matters. This generally includes two (or more) parties, who seek compensation for damages incurred or specific performance that were not delivered.

 

We are Legal professionals with speciality expertise in civil litigation and we will represent a party at a trial, a hearing, or a form of alternative dispute resolution (ADR) methods such as arbitrations, mediations, or med-arb. 

 

In England & Wales, the Court has a set of rules that are important in Civil Litigation, and this is known as the Civil Procedure Rules (CPR).

 

The CPR sets out the guidance and certain steps parties should take before a Claim is issued at Court. These are known as the Pre-Action Protocols. There are different protocols for different areas, however the general protocol is the Practice Direction on Pre-Action Conduct and Protocols.

 

Procedures for Civil Litigation:

 

First step: The pre-action protocols

 

Parties to a dispute are encouraged to exchange sufficient information regarding their positions so they can identify, narrow, and try to settle the issues between them. This means that parties will exchange correspondence and meet face-to-face.

 

Court proceedings should always be the last resort. One of the main aims of the protocols is to ensure that parties resolve the dispute out of court, or at the very least narrow their issues so that the real issues are displayed before court.

 

Second step: Pleadings

 

If the parties cannot resolve the dispute out of court, a claimant will commence proceedings by issuing a claim form at the appropriate court. It will then be served on the defendant, typically accompanied by the particulars of claim, which explains:

 

• Facts and matters said to give rise to a claim.

• Legal basis

• Remedies the claimant seeks (usually monetary compensation)

 

A defendant must respond to the claimant in written form within 14 days of service of the particulars. Alternatively, they can send an acknowledgement of service to the Court and the claimant (again within 14 days), which will give the defendant a total of 28 days to submit its defence.

If the defendant requires more time due to several circumstances, then it is possible to agree with the claimant to agree an extension of time. The claimant can provide a response to the defence.

 

Pleadings are usually drafted by the parties’ legal representatives. If a matter is technically complicated, an expert may be asked to help to draft the pleadings.

 

Third Step – Cost and Case Management Conference (CMC)

 

The CMC deals with administrative matters regarding the conduct of the case and checks the issues between the parties are understood. However, the Court may also hear applications from any party.

 

During the hearing, the Court will provide a timetable for the management of the case to trial. The timetable is also known as directions, and it details the steps the parties must take and when.

 

The Court must also consider other pressing matters such as the parties’ legal costs and the extent the parties must provide with each other their relevant documents and the need for expert evidence.

 

Prior to the CMC, the parties’ representatives will prepare documents; which may include a cost budget with full details of the costs incurred and an estimate of costs going forward, a disclosure report with details of a party’s electronic and hard copy documents and a draft timetable.

 

The parties will be encouraged to agree as much as they can before the CMC. If the parties can agree everything, the Court will ultimately decide that a hearing is not at all necessary and will simply provide the parties with an order that records what has been agreed.

 

Fourth step – Disclosure

 

Parties will make available the documentary evidence in the case.

 

A document includes anything on which information is recorded (e.g., physical paper, computers, mobile phones, deleted electronic data and metadata).

 

Both parties must undertake a reasonable investigation and search for documents, although to determine the reasonability of documents will rely on the circumstances of the case and the value of the claim.

 

A party will normally be required to disclose documents that support or undermine the case of any of the parties to the litigation; known as ‘standard disclosure’.

 

Usually, a list of documents that exist or have existed is prepared and any party to the litigation has the right to inspect the documents or ask for copies. A party may be permitted to withhold categories of documents from inspection, such as, communications between a party and its legal advisors (solicitors and/or barristers).

 

Fifth step – Witness statements

 

A party’s documents may prove the claim or defence, but witness evidence is also often required to explain the background of the dispute, or to fill any gaps in the documents.

 

Purpose of the witness statement is to set out, in writing, the factual evidence of a witness. A witness is not allowed to provide opinion evidence. At trial, the witness may be cross-examined by the opposing party.

 

Based on client’s instructions as well as provided documents we will assist preparing witness statements, but it is important that the statement is in the witness’s own words. It is a requirement for the witness to sign a statement of truth that confirms the facts and matters within the statement to be true.

 

Sixth step – Expert evidence

 

A court may direct the parties to instruct a single joint expert. However, in claims of professional negligence, a court will often allow parties to submit their own expert evidence. Expert evidence assists the Court in cases where their technical knowledge and expertise are needed.

 

Expert evidence, unlike witness evidence, will be opinion evidence. An expert will provide a written report that will be sent to the Court and the opposing party. If the parties want the experts to provide oral evidence at trial, they need to have permission from the Court. The Court may ask opposing experts to meet in order to discuss their evidence, with a view to producing a statement for the Court that sets out the matters on which the experts agree and disagree.

 

Seventh step – Pre-Trial Review (PTR)

 

Like the CMC, the PTR is an administrative hearing. In this, the Court will check whether the parties have complied with the timetable and with any orders the Court has made during litigation.

 

The Court will fix the date for a trial and finalise the timetable for the trial as well as a list of issues to be decided.

 

The Court will further consider whether there is a further opportunity before the trial for the parties to settle the dispute.

 

Eight step – Alternative Dispute Resolution (ADR)

Court will direct the parties to consider alternative methods of resolving their disputes without a trial. The timing and nature of ADR varies, but the most common methods are negotiation and mediation. The parties may also make a Part 36 offer, which have potentially significant cost consequences.

 

Mediations and arbitrations are conducted on a ‘without prejudice’ basis. This means statements made in a genuine attempt to settle a Court cannot be made before the Court as evidence against the party making the statements.

 

Ninth step – Trial

 

Parties will usually instruct barristers to present their case to the judge. They will explain the law and any relevant case law, while drawing the Court’s attention to relevant documents and cross-examining the opposing party’s witnesses and experts. Any witnesses and experts will also give their evidence.

 

At the conclusion of the trial, the judge will consider all the submitted evidence before passing the judgement.

 

Our solicitors at Lawsmith Solicitors have extensive experience in handling General Civil Litigation matters. To discuss about your Civil Litigation matters with one of our Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.