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CIVIL LITIGATION

Litigation in the United Kingdom is governed by a complex system of laws and regulations that aim to ensure fairness and justice in resolving disputes. The legal framework includes various Acts of Parliament, rules of civil procedure, case law, and regulations that apply to different types of litigation such as commercial disputes, personal injury claims, employment law issues, and more.

The Civil Procedure Rules (CPR) are particularly central to the conduct of civil litigation in England and Wales. They provide a comprehensive code of practice for the courts and those involved in civil litigation. In Scotland, the Court of Session Rules and the Sheriff Court Rules apply, whereas in Northern Ireland, the Rules of the Court of Judicature and the County Court Rules are used.

Key principles that underpin litigation in the UK include:

  1. Access to Justice: Ensuring that individuals have the access they need to the legal system to resolve their disputes.
  2. Fairness: All parties should be treated fairly and impartially by the legal system.
  3. Equality before the law: Every party, regardless of status, should be subject to the same legal rules and procedures.
  4. Right to a fair trial: Enshrined in Article 6 of the European Convention on Human Rights, which is incorporated into UK law by the Human Rights Act 1998.
  5. Proportionality: The costs and time involved in litigation should be proportionate to the complexity and importance of the issues.

What is civil litigation?

Civil litigation is the process of resolving disputes between individuals, businesses, or organisations through the courts. Unlike criminal law, which involves the state prosecuting an offender, civil litigation concerns private disputes — typically about money, property, contracts, or personal rights.

In England and Wales, the civil justice system is designed to resolve disputes fairly, efficiently, and proportionately. Whether you need to bring a claim or defend one, understanding the process and having experienced legal representation can make a significant difference to the outcome.

When do you need a civil litigation solicitor?

Civil litigation covers a wide range of disputes, including:

  • Commercial and contract disputes — unpaid invoices, breach of contract, shareholder disagreements, and partnership disputes
  • Property disputes — boundary disputes, landlord and tenant claims, and disputes over the sale or purchase of property
  • Debt recovery — recovering money owed to you by an individual or business
  • Professional negligence claims — claims against professionals who have failed to meet the expected standard of care
  • Personal injury — claims for compensation following an accident
  • Defamation and reputation disputes
  • Inheritance and trust disputes — including claims under the Inheritance (Provision for Family and Dependants) Act 1975

The court structure: which track is right for your claim?

Most civil claims in England and Wales are heard in the County Court or the High Court. Claims are allocated to one of three tracks based on their value and complexity:

  • Small Claims Track — for claims up to £10,000 (or £1,000 for personal injury). This is a streamlined, lower-cost process designed for straightforward disputes.
  • Fast Track — for claims between £10,000 and £25,000. These follow a more structured timetable with standard directions and usually a trial of no more than one day.
  • Multi-Track — for claims above £25,000 or cases of significant complexity. These are managed individually by a judge, with bespoke directions, case management conferences, and potentially longer trials.

We can advise on the correct track for your claim and the most cost-effective strategy to pursue.

The litigation process: a step-by-step guide

1. Pre-action steps. Before issuing proceedings, the court expects both parties to follow the relevant Pre-Action Protocol. This usually involves a letter of claim (or Letter Before Action), an opportunity to respond, and genuine attempts to settle. Complying with the protocols can save time, cost, and court involvement — and failing to do so can have costs consequences.

2. Issuing the claim. If the dispute cannot be resolved pre-action, we issue a claim form with the court, together with particulars of claim setting out the details of your case. The claim is then served on the other party.

3. Defence and directions. The defendant usually has 14 days (extendable to 28) to file a defence. If they fail to respond, we can apply for judgment in default. If a defence is filed, the court will allocate the claim to the appropriate track and give directions for the steps leading to trial.

4. Disclosure. Both parties exchange relevant documents. This ensures each side sees the evidence the other intends to rely on, promoting fairness and often encouraging settlement.

5. Witness statements and expert evidence. Witness statements are exchanged setting out the evidence of fact witnesses. In many cases, expert evidence may also be needed — for example, a surveyor’s report in a property dispute or a medical report in a personal injury claim.

6. Trial and judgment. At trial, a judge hears the evidence and arguments and delivers judgment. If you win, the court may order the other side to pay your legal costs, in addition to the sum awarded. However, costs orders are discretionary and rarely cover the full amount incurred.

7. Enforcement. Winning a judgment is not the same as receiving payment. If the losing party does not pay, enforcement options include High Court enforcement officers (bailiffs), attachment of earnings orders, third-party debt orders, charging orders over property, and in some cases insolvency proceedings.

Time limits: don’t leave it too late

Most civil claims are subject to strict time limits under the Limitation Act 1980. For most contract and tort claims, the limitation period is six years from the date the cause of action accrued — but there are important exceptions. For example, personal injury claims generally have a three-year limit, and defamation claims just one year. If you miss the deadline, your claim will usually be barred. Acting promptly is essential.

Alternative dispute resolution (ADR)

Litigation is not always the best option. Before issuing proceedings — and often at any stage after — it may be worthwhile to explore alternative ways of resolving the dispute:

  • Negotiation — direct discussions between the parties, often through solicitors, to reach a settlement
  • Mediation — a neutral third party helps the parties reach their own agreement
  • Settlement offers — including Part 36 offers, which carry significant costs consequences and can provide strong leverage

The court actively encourages parties to consider ADR, and in many cases a well-timed settlement offer can resolve a dispute more quickly and cost-effectively than a trial.

Defending a claim

If you have been sued, you should not ignore it. Failing to respond to a claim can result in a default judgment being entered against you, which can be enforced. We can advise on your defences, counterclaims, set-off rights, and the strength of the claim against you, and represent you through the process.

Why choose Tyndel Solicitors?

  • Experienced litigators — we handle claims from the letter before action through to trial and enforcement
  • Fixed-fee transparency — clear, predictable pricing for most civil litigation matters
  • SRA-regulated — a regulated law firm committed to professional integrity
  • Remote and local — video consultations available across England and Wales, with our office in Ilford, Essex

If you are involved in a dispute — or worried you may be about to be — contact our civil litigation team today on 0208 154 3131 or email [email protected] for a clear, no-obligation assessment of your position.

CONTACT US

PHONE: 02081543131