The Civil Litigation Process
The civil litigation process in the UK is designed to be fair yet thorough. It usually starts long before anyone sees the inside of a courtroom. First, there’s typically a pre-action phase, letters are exchanged, evidence is gathered, and both sides are encouraged to negotiate or consider mediation (courts actually expect you to try settling if possible). This is because going to court can be costly and time-consuming, so resolving disputes amicably or through Alternative Dispute Resolution (ADR) (like mediation or arbitration) is often preferred.
If no agreement is reached, the claimant (the person bringing the claim) files a claim form to kick off formal proceedings. The case might go to the County Court or the High Court, depending on complexity and value.
Both sides then go through disclosure (swapping relevant documents) and may provide witness statements. Think of it as laying all cards on the table. Often, seeing the strength (or weakness) of the other side’s hand prompts another attempt at settlement.
Should the case progress, it heads to trial. Trials in civil cases can be before a judge (and rarely a jury, usually only in certain cases like defamation). Each side presents their evidence and arguments. Don’t imagine the drama of TV courtrooms, civil trials are generally more subdued, focusing on documents and legal arguments rather than surprise witnesses. After hearing both sides, the judge will give a judgment, deciding who wins and what the remedy is. The remedy is usually damages (money to compensate the wronged party) or sometimes an injunction (an order to do or stop doing something).
The majority of civil cases settle before reaching trial, often because litigation can be an expensive game of chicken. But when you do need a court to decide, our legal system provides a clear structure. Just remember, evidence is king in civil litigation. Keeping emails, contracts, and records of what happened will greatly strengthen your position.