A civil litigation case of any kind can feel overwhelming. Whether you find yourself in a dispute regarding property, your business dealings, or another matter, you may be wondering about the steps in civil litigation process. Here, we will take a look at the basic steps.
In England and Wales, there are certain rules that must be followed. These are known as the Civil Procedure Rules (CPR). These rules lay out all the steps you will need to take before a claim is issued at court, making this an essential first part of your civil litigation journey.
The First Step
The official first step in civil litigation is usually considered to be when a claim from the claimant is submitted in writing to the person who becomes the defendant. This is referred to as a Letter of Claim. This gives the claimant and the defendant the chance to resolve the matter privately.
A Possible Resolution
If the matter can be resolved privately, then there will be no need for further litigation. It is possible to solve an issue at this stage with mediation or arbitration. On the other hand, if this is not the case, then the matter will proceed to court.
The Next Step
If the matter has not been resolved privately or via mediation, then the next step will be presenting Statements of Case to the court. These will encompass the Particulars of Claim (the details of what the claim is regarding and the proposed outcome of the case), as well as the Defence and any Counterclaim that may exist.
After this stage, you will proceed to Allocation. This means that you will decide with the court whether your claim is best designated as a Small Claim, Fast Track or Multi-Track matter. At this stage, you will also enter a period of disclosure, when you will exchange all relevant documents, and gather relevant witness statements (if there are any).
Trial Preparation and Trial
Once all of the relevant information has been gathered, you will prepare with your solicitor before proceeding to trial. This will involve the hearing in front of the judge, who will decide your overall outcome.
Now that we have examined civil litigation step by step, you should be feeling a little more prepared for what will come up during such a dispute. Of course, every case will be slightly different, and you may find yourself facing some unexpected things. This is why it is vital to reach out for appropriate legal support as soon as possible.
Bowsers Solicitors are skilled in many areas of civil litigation, and we are here to support you from the beginning to the very end.