Overview of the litigation process

If you are considering litigation, this article provides a general overview of the initial steps in the litigation process in England and Wales. It does not cover every possible stage of the process. It is vital to remember that as each case is different then the particular steps and timetable will vary.

The overriding objective

One important principle that underpins litigation is the “overriding objective” of enabling the court to deal with cases justly and at proportionate cost. The key factors include:

• Enforcing compliance with the CPR (Civil Procedure Rules) and any court orders.
• Dealing with a case in a way that is proportionate to the:
• amount of money involved;
• importance of the case;
• complexity of the issues; and
• financial position of each party.
• Saving expense.
• Ensuring that the case is dealt with expeditiously and fairly.

These factors must be borne in mind at each step of the litigation process.  The Court can impose penalties if a party does not comply with the CPR. These penalties can include costs sanctions or striking out all or part of your evidence or claim.

Pre-action protocols

The courts will expect potential parties to act reasonably in exchanging information and documents relevant to the dispute before proceedings are even commenced. There can be adverse costs consequences if a party fails to follow the relevant pre-action procedure, it is always best to seek legal advice to ensure the pre-action protocols are adhered to.

Statements of case

Each party to the proceedings must prepare certain documents that contain the details of the case they wish to advance. These documents (the statements of case) must be filed at court and served on the other party. The documents that comprise the statements of case are:

• Claim form
• Particulars of claim
• Acknowledgment of service
• Defence
• Counterclaims and additional claims
• Subsequent statements of case

Interim remedies and final judgments without trial

The Court has power to issue remedies and judgement without trial, these include:

• Default judgment
• Summary judgment
• Strike out
• Interim injunctions
• Case management

After a defence has been filed, the Court will notify the parties of the proposed Court allocation and will require the parties to provide it with further information. The Court will then likely call a Case Management Conference and provide directions for the future conduct of the case until trial. Alternative Dispute Resolution should be considered at each stage of the dispute.

You should seek legal advice prior to initiating any litigation procedure to ensure that the Civil Procedure Rules and the pre-action protocols are strictly adhered to, otherwise the Court might penalise you for not adhering to the rules.

If you would like more information in relation to this article please contact our dispute resolution team here.