Civil litigation is the legal process of resolving civil disputes between two or more parties. A party can be an individual or a company. The fundamental of such disputes is that one party, being the ‘Claimant’ is claiming compensation in respect of a loss from the other party, being the ‘Defendant’.
We understand that such disputes can be costly, frustrating, and stressful and as such take great care to provide our clients the most costs effective and practical legal advice every step of the way to ensure that they achieve satisfactory resolution and settlement to their dispute.
Whilst we aim to resolve disputes outside the court in some cases this may not be possible and to protect our client’s interests we may be required to take Court action. However, we are mindful of costs and will at all stages of the litigation process attempt to settle the dispute.
For a free initial consultation, please contact our office on 0203 475 4321 and or complete the online form by clicking here and a member of our team will contact you at a time most convenient for you.
There are a wide variety of civil disputes however the most common civil disputes arise as a result of a breach of a contractual agreement, infringement of a person’s rights under tort law e.g. by way of negligence, or breach of a person’s rights in respect of property or land.
Here at Aston Brooke Solicitors, we are experienced in providing legal advice and assistance in respect of the following:
- Debt recovery claims
- Termination of contractual agreements
- Contractual misrepresentation dispute
- Bankruptcy and insolvency disputes
- Negligence and professional negligence claims
- Commercial disputes
- Property disputes
- Landlord and tenant disputes
- Personal injury claims
What is the civil litigation process?
Initially, most claims commence with a letter before claim which sets out the basis of the Claimant’s claim. The Defendant is then given the opportunity to respond to the claim either by providing their defence and or a counterclaim.
In any event, the initial correspondence exchanged between the parties is with the view to settle the claim by way of reaching an amicable agreement.
If the Defendant does not respond or fails to engage in correspondence to settle, the Claimant can proceed to issue a claim at Court. This is done by filing a claim form along with particulars of the claim at Court.
The Court will give the claim a claim reference number and the claim will be issued. Once the claim has been issued it is served on Defendant. The defendant will then be given a specific period of time to file and serve a defense and or a counterclaim.
If a defense or a counterclaim is not filed or served, the Claimant can file a request for a judgment in default. If the Court approves the judgment in default by way of seal, the Claimant can thereafter serve and enforce the judgment on the Defendant.
This however will not limit the Defendant’s rights to apply for an application to set aside the judgment in default if they have good reason to do so.
If a defense or a counterclaim is filed and served, the Claimant can reply to the same and the matter will be processed under the civil procedure.
The civil procedure is regulated by the Civil Procedure Rules (‘CPR’). You will be guided through each stage of the civil procedure by our expert litigation solicitors.
Once a claim has been issued, can it be settled before the matter is heard at court before a judge?
Yes. Whilst parties will be required to comply with the Civil Procedure Rules, negotiation in respect of settlement of the matter continues to take place. Most cases are settled by way of a consent order before the matter reaches a hearing.
How long will the claim take to be resolved?
Timescales can vary depending on the complexities of each individual case and the conduct of the parties in dispute.
Where a claim has been issued the Court will provide the parties time scales by way of directions and a set hearing date. However, this can be altered or varied depending on the circumstance of each case either by way of the agreement by the parties or by further directions by the Court.