A guide to civil litigation
Are you facing a disagreement or legal problem? We know that dealing with legal matters can seem overwhelming, especially if you are unfamiliar with the world of law.
In the first three months of 2023, 443,000 civil lawsuits were filed in the county court, the highest number in three years, according to Civil Justice data. 89% of these are monetary and damages claims, up 8% compared to the same period last year, while non-monetary claims are up 10% compared to the same months . But what exactly is a civil dispute?
What is civil litigation?
Civil litigation and civil law is the process of resolving legal disagreements between people or businesses using a “litigator.” He deals with non-criminal disputes, covering a range of issues from family and property disputes to financial disputes and breaches of contract.
A dispute is a generic term for issues resulting from a task not being completed or an expectation not being met when there was a legal obligation to do so. This can range from unpaid invoices to defective products. Litigation is the process of resolving these disputes.
Additionally, in civil litigation, one party seeks compensation (usually money) for harm or things that were not done as promised (a dispute) by filing a lawsuit from the litigant where l The matter can be handled in court. These conflicts can be resolved with the help of the litigant in various ways, such as through a trial, meetings or discussions with mediators or arbitrators.
13 types of civil disputes
The litigation covers many areas. Be sure to hire a legal representative who specializes in the relevant practice area, as the process may differ depending on the dispute. The most common areas are: –
- Personal injury
- Medical error
- Marriage law
- Intellectual property
- Employment and work
- Education law
- Rental disputes
- Product liability
- Environmental law
- Construction issues
- Real estate
- Antitrust law
- Workers’ compensation
It is important to know that criminal charges are not resolved in civil litigation. When laws are broken, criminal prosecution is brought by the state, while civil prosecution is a private trial between two parties.
Dealing with civil litigation and its progress
In the jurisdiction of England and Wales, civil litigation involves five stages prescribed by the Courts Rules. It is important to ensure that any disputed issue follows these elements in this particular order:-
- 1.) Pre-Action Protocol
A party’s claim in a dispute must comply with the CPR (Civil Procedure Rules). This includes sending a letter of complaint to the other party and giving them an opportunity to respond. The parties are expected to engage and make efforts to resolve the dispute without involving the court, as civil litigation is a last resort. If no resolution is reached, civil legal action is initiated.
- 2.) Exchange of statements
The claimant issues a claim form that outlines their case and indicates the solution they are seeking, such as monetary compensation. Once this is issued by the court, the defendant will have 14 days to file an acknowledgment of receipt. This is called “Defense”. The court will then direct the proceedings from that point on.
- 3.) Exchange of evidence
This is usually the first time the parties appear in court. Their representatives should have prepared documents and evidence to be disclosed at the next trial. Each party will be required to exchange witness statements according to the schedule set by the court. This may also include the exchange of “expert testimony,” which is impartial testimony provided by an expert in the legal area of the dispute.
- 4.) Test
To ensure that both parties can attend the trial, they should have indicated dates that they cannot set so that the court chooses a day that is convenient for both parties. During the trial, the court will witness evidence and hear legal arguments. Judgment does not usually take place during the trial. Instead, there will be a second court hearing later to announce the decision reached.
- 5.) After the trial
After the announcement of the judgment, the party who was not in favor will be ordered by the court to execute any judgment rendered within a fixed period. However, they have 14 days to appeal and request a review of the case once the dispute is resolved.
Are civil cases still brought to court?
Civil litigation is considered a last resort, both to save time in court and to resolve a private dispute amicably. This is why parties must demonstrate that an effort has been made to initiate and find ADR – an alternative dispute resolution method before the matter goes to court.
Thomas and Thomas Solicitors are a friendly, local law firm with a unique outlook and inclusive approach to clients with years of experience. With a team of specialists in their specific legal field, the firm offers a range of legal services, including both civil litigation and criminal law.
