If you are involved in a dispute, you may need to bring legal proceedings to obtain justice. This is known as civil litigation.
The civil litigation process includes notifying the other party of your claim, putting a case together and taking it to court. It is also possible to enter into negotiations to try and settle the matter without the need for a hearing and this can be done at any time during the civil litigation procedure.
Types of civil litigation
Civil litigation covers disputes across a range of areas, including the following:
Property disputes
Disputes over property can be particularly bitterly contested. They include boundary disputes, party wall issues, disputes over restrictive covenants or easements, rights of way and service charge disputes.
Professional negligence
If you have engaged a professional, such as an accountant, an architect or a solicitor, and they have failed to carry out their job to the required standard, you may be able to bring a claim against them for professional negligence if you have suffered loss as a result.
Employment disputes
Employment law is complex and there is substantial scope for disagreements and misunderstandings between employer and employee. Examples include breach of the employment contract, unfair treatment, discrimination, health and safety issues and dismissal.
Wills disputes and inheritance claims
Disagreements can arise after someone’s death if their Will is not clearly drafted or if someone who relied on the deceased financially was not left anything. Disputes can also occur if the beneficiaries do not believe that the deceased’s estate is being properly administered.
Insolvency and bankruptcy
When a business or individual is in trouble and unable to pay their debts, they have become insolvent. Court action is often commenced at this stage as creditors seek to recover money they are owed. If you are being pursued for payment, you may be at risk of losing your home. With legal help, it may be possible to restructure a business or put a recovery plan in place to rescue an organisation and prevent an organisation from being wound up. If you are facing bankruptcy as an individual, it may also be the case that there are options open to you to avoid it.
Commercial contract disputes
Businesses are party to a wide range of contracts in all areas of what they do. Examples of issues where commercial disputes may arise include supplier contracts, consultancy agreements, contracts for sale, service contracts, warranties, indemnities and restrictive covenants.
Construction disputes
Construction projects can be complex, often with numerous parties involved in a build. This can be challenging and disputes in the industry are common. Addressing them early on can often help ensure matters do not escalate.
Director and boardroom disputes
Disputes involving company directors can be disruptive to a business and are best addressed quickly to minimise the damage to a business. Disagreements can arise over a number of issues such as acting outside of authority, conflict of interest, investment or expansion opportunities and promoting the business.
Shareholder disputes
Shareholders have a role in monitoring the performance of directors and ensuring they do not exceed their powers. When they do not agree with the way a company is being run, they may feel the need to start legal action to protect their interests and prevent action that they believe may be damaging or exceed the authority that a director has.
Bringing a civil litigation claim
The civil litigation claims process is governed by the Civil Procedure Rules (CPR). These must be followed throughout a claim.
The first step in a claim is for the claimant or their solicitor to write to the party who will be defending the action advising them that they intend to commence a legal case against them. This is called a Letter of Claim. It should include the grounds on which the claim is being made, the relevant facts and what the claimant is seeking.
The defendant has the opportunity to respond. If the matter is not resolved, then the parties are usually advised to try alternative dispute resolution, which includes mediation, arbitration and early resolution.
If the case goes ahead, the claimant or their solicitor will need to file a claim at court together with particulars of the claim.
The defendant will file their defence and a counterclaim if one is being made.
The court will help with administrative matters, such as which court will hear the case, and how disclosure of documents will be dealt with.
Evidence will be exchanged, to include relevant documents, witness statements and expert reports.
Both parties will prepare for trial, putting together trial bundles, deciding which witnesses to call and instructing experts to represent them in court.
It is still possible to agree on a settlement at this stage, and cases are often settled late in the day. Otherwise, the trial will go ahead, with the judge hearing the evidence and making an order at the end.
Funding civil litigation
Funding civil litigation is often a worry for clients, however, if you have a valid claim, you need to be able to enforce your rights.
At Witan Solicitors, we offer our clients a range of funding options, to ensure that they are able to pursue litigation where necessary. Where a claim is successful, it is often the case that the other party will pay legal costs.
No win no fee civil litigation
In certain higher value cases, it may be possible to enter into a no win no fee agreement for a claim. While this is not always the case, it is worth discussing whether this is an option.
No win low fee civil litigation
In some instances, we can offer a discounted conditional fee agreement. This means that you will pay only a proportion of the hourly rate that we charge, with the balance payable on conclusion of a successful claim. This is often a useful option for clients with a strong case but a limited budget.
Legal expenses insurance
Clients sometimes have legal expenses insurance included with an insurance policy that they have, for example, as part of their home, buildings or contents insurance. Your insurer is required by law to allow you to select your own solicitor. If you have this type of cover, we may be able to take on your case, using the cover to pay the legal costs.
Damages-based agreements
In some cases, we are able to offer an agreement where you pay part or sometimes none of the fees, with the balance coming from a share of the damages awarded. If you are interested in this type of agreement, we can discuss with you whether your claim is suitable.
Fixed fees
For some work, we are able to offer fixed fees instead of a traditional hourly rate. This means that for certain parts of the claim you will be able to see upfront how much the costs will be.
Litigation funding
Funding can also sometimes be arranged through a litigation funder. These are companies that will fund litigation in return for a share of what you recover.
We work hard to make sure that excellent quality legal representation is available to everyone. If you would like to discuss funding a claim, we will be happy to talk through your options with you.
Instructing a civil litigation solicitor
It is important to instruct a civil litigation solicitor with expertise in the area in which your dispute is. Having a legal adviser with an in-depth understanding of the area of law and the compensation you could receive will give you an advantage.
When you first instruct a civil litigation lawyer, you will be asked lots of questions about what has happened. This is so that they can gauge the strength of your case and give you sound advice based on the facts. They will also establish what evidence you have in support of your claim and whether there are any witnesses who can help.
They should explain the process to you and discuss issues such as costs and your likelihood of success honestly and clearly.
Civil litigation FAQs
How long does a civil litigation case take?
The length of time your case will take depends on how complex it is and whether the defendant puts forward a defence or is willing to negotiate a settlement. If you ask us to represent you, we will be able to explain the stages to you and let you know if your claim is likely to be complicated and lengthy or whether it might be dealt with fairly quickly.
What will I receive if I win my civil litigation case?
A court will generally award damages in a civil litigation case, although there are other orders that it can make, including injunctions preventing someone from doing something, specific performance requiring the other party to do something and rescission, cancelling the contract.
Who will pay the costs of my civil litigation claim?
The general rule is that costs follow the event, meaning that the person who wins will have their costs paid by the other party. This is not guaranteed, however, and the judge can take other factors into account such as the parties’ conduct throughout and whether the parties attempted to settle the matter without the need for litigation. There is also a risk that if an offer to settle is made and you do not beat it, you could be liable for costs from the date of that offer.
Do I need a solicitor for a civil litigation case?
The civil litigation process is complex and there can be penalties for failing to properly follow procedures. An experienced civil litigation solicitor will be able to guide you through the process and explain your options to you. They will also be able to identify the strengths and weaknesses in your case and give you advice on issues such as whether it is a good idea to settle your case out of court and what might be a reasonable amount to accept.
By involving an expert civil litigation solicitor early on in the dispute, you stand the best possible chance of resolving issues quickly, before positions become entrenched and relationships deteriorate further.
Contact our civil litigation solicitors
At Witan Solicitors, we represent clients in civil litigation cases across a range of areas, including property disputes, professional negligence, employment disputes, Wills and inheritance disputes and insolvency and bankruptcy. We have in-depth experience of the claims process and a good track record of success for our clients.
If you need advice in respect of a dispute, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in London, Birmingham and Northampton.
