What stages are involved in litigation
This article is written by Mr Shahzad Tariq, Litigation solicitor. Mr Tariq is the Head of Immigration and Litigation at West London Solicitors. You can contact Mr Tariq directly on tariq@westlondonsolicitors.com
Preface
I am frequently requested to explain the steps involved in litigation and this is my attempt to simply the the process for you. I have intentionally eluded from legal jargon as much as possible to streamline the process for better understanding. The purpose of this article is to for you to appreciate the effort and time that is consumed during the course of litigation.
Stage 1: Pre action protocol
It is a set of guidelines established by the courts in certain types of civil cases to encourage proper conduct before legal proceedings begin. One of its key purposes is to facilitate early communication between the parties. This ensures that both sides share relevant information and documents, which may lead to an early settlement, saving time, costs, and court resources. The protocol also encourages parties to explore alternative dispute resolution (ADR), such as mediation or negotiation, which can resolve disputes without going to court. Failure to adhere to the protocol can result in sanctions, including cost penalties or delays in the case.
Stage 2: Court action
If the matter is not resolved at the pre action protocol stage, then the claim may proceed to court. The Claim Form and Particulars of Claim is filed and served by the Claimant/s followed by an acknowledgement of service, and/or Admission/ Defence/ Defence and Counterclaim filed by the Defendant/s.
The claim can be brough in the County Court or the High Court. If a claim involves complex facts or law and the Claimant believes that the High Court is a suitable venue, then the choice is quite obviously the High Court to commence the claim.
Stage 3: Allocation
Once the court is involved it becomes quite formal. It is the court’s objective to ensure that the matter is dealt with in a manner that is fair on all parties. The court will decide whether the claim is allocated to the small claims track, the fast track or the multi-track.
Stage 4: Directions
Following the allocation the court consider its duty to actively manage the case. Appropriate directions are issued and both parties work together to agree a timetable. In most cases a case management hearing is held which is attended by both parties to discuss proposed directions. At this stage the court will also look at how much the parties are proposing to spend on the case.
I have avoided to discuss Disclosure, Witness statements, Expert reports, Trial bundle, interim applications and applications seeking a relief from sanctions (all stages following Directions issued by the court) to make the reading restful.
Final Stage: Trial
This stage is quite self-explanatory. The complexity of the case decides the trial period. In cases where the issues have been identified and narrowed down the trial period is one full day.
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