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The main method of resolving disputes here in the UK is through litigation. Understanding litigation can be difficult, especially if it is your first time in court. Experts agree that with the Brexit referendum and the UK leaving the EU, there could be many more disputes where business owners are left seeking legal counsel experienced in civil litigation cases.
Having said that, the team of legal experts at Aman Solicitors Advocates is going to provide a brief overview of the UK civil litigation process. This will give you an understanding of the process and hopefully relieve some of the anxiety of being in the courtroom.
A Brief Look At The UK Civil Litigation Process
The Pre-Action Protocols- pre-action protocol differs from case to case, but typically involves the exchange of information the two parties involved in the civil suit. This is used to see if the dispute can be settled without legal action.
Pleadings- if litigation is unavoidable, the claimant will begin the proceedings by issuing a claim form at the appropriate court. The claim form will be served on the defendant who must respond in writing within 14 days. The claimant can then provide a reply to the defence. This series of official paperwork is known as the ‘pleadings’.
Costs And Case Management Conference (CMC)- the CMC is the first time both parties appear before the court. A timetable for the management of the case to trial will be set. Legal costs will also be determined at this meeting.
Disclosure- this part of the civil litigation process is where both parties make available any documentary evidence in the case.
Witness Statements- witness evidence is often required in a civil litigation case to explain the story behind the dispute.
Expert Evidence- experts might also be called in to provide relevant technical knowledge of any aspects of the case that might need more clarity.
Pre-Trial Review (PTR)- the PTR is an administrative hearing where the court At will:
· ‘Check that the parties have complied with the timetable and with any other orders the Court has made.
· Fix the date for trial.
· Finalise the timetable for the trial.
· Consider whether there is an opportunity before the trial for the parties to settle the dispute.’
Alternative Dispute Resolution (ADR)- the Court will expect and encourage the parties to consider alternative methods of resolving their dispute besides a trial. The ADR is used to offer the most common methods of negotiation and mediation.
Trial- when the parties are unable to reach an agreement, the case will go to trial. Barristers will present the case to the judge, explaining the law and any relevant case law. They will draw the Court’s attention to relevant documents, cross-examine the opposing party’s witnesses and experts and present their own witnesses and experts. Upon conclusion of the trial the judge will make a decision.
“We at Aman Solicitor Advocates understand the value of resolving a dispute in the most cost-effective and stress-free manner as possible. We understand that at times, clients are emotionally motivated to bring/defend a claim, even where it is not commercially viable to do so. In such times, we are able to offer to our clients the practical and sensible solution to any dispute. We have seen that this often means that clients are more content with the outcome rather than facing a contentious, costly and stressful litigation.
Unfortunately, at times, there are circumstances were we have no option but to litigate on matters. In such cases, we offer a team of passionate, well informed and well respected litigators who are always battling their hardest in their client’s interest.”
Contact Aman Solicitors Advocates
To learn more about the UK civil litigation process, contact Aman Solicitors Advocates today.
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