Understanding the Litigation Process: A Step-by-Step Guide

Litigation is a formal legal process for resolving civil disputes (non-criminal matters) through the court system. While most hope to avoid it, understanding litigation is crucial for navigating conflicts when informal resolutions fail. This guide explains timelines, costs, and what to expect at each stage.

Introduction to litigation

Litigation involves resolving disputes in a civil court, where parties present or defend claims. It ensures access to justice by allowing neutral adjudication of disagreements. Common cases include contract disputes, personal injury claims, and property disputes.

Step-by-step breakdown of the litigation process

Step 1: Initial consultation with a lawyer

Seeking legal advice in the early stages of a dispute can be vital in preventing further issues down the line, as specialist solicitors can explain your legal options, ensure your case is watertight and guide you through the process smoothly and efficiently, potentially leading to a quicker and more favourable outcome.

During the initial consultation, your solicitor will ensure you have a thorough understanding of the case, explain what lies ahead at every stage and indicate your chances of success. Your solicitor can review any documentation, physical or digital, related to the case to gain full insight into your dispute.

Cost structures and likely timeframes are two key issues to discuss with your solicitor at the start of the litigation process. This ensures you have a good understanding of what to expect and roughly how long it will take, and can negotiate how payment will be made and how often, so you can budget accordingly.

Step 2: Filing the complaint

To initiate court proceedings, you must go through three stages:

• Claim form: A claim form must be completed, including a statement providing the nature of the claim and the remedy sought (e.g. damages). A statement of the value of any money claim can also be submitted.
• Particulars of claim: The particulars document contains the full details of the case, including the facts on which the claim is based.
• Service (summons): A legal notification to the defendant is served, either by the court or the complainant, including these forms. There are regulations about how and when a summons can be issued.

Step 3: Defendant’s response

A response pack is issued to the defendant at the time of service, which contains all the documents needed to respond to the case, whether they intend to pay, admit or defend the claim.

The defendant typically has 14 days to respond to the claim, but this can differ depending on the claim type (e.g. debt claims or complex cases). Responses should be made in writing, or online if submitted via the County Court Business Centre.

If the defendant decides to make payment, they can do so in full or in part, with the latter usually meaning a defence or admission submission is also made.

To admit the claim, the defendant must complete the N9A form, which is returned to the claimant; to defend the claim, the defendant must complete the N9B form.

Acknowledgement of service

The defendant can acknowledge service of the claim if they need more than 14 days to prepare their defence or wish to contest the court’s jurisdiction of the matter. Filing this acknowledgement means the defendant then has 28 days to respond.

Step 4: Discovery

Purpose of discovery

Discovery within the litigation context refers to the phase of the process whereby each party can obtain evidence on the case from the other – it’s the exchanging of information for the purpose of preventing surprise and allowing a fair process.

In the UK, discovery is also referred to as disclosure and requires both sides to present any documentation or evidence relevant to the claim, so that parties can understand the strengths and weaknesses of each other’s position and gain insight into any witnesses.

Methods of discovery

There are four main tools of discovery: depositions, formal witness interviews, interrogatories – open-ended written questions – requests for admissions – closed-ended written statements – and requests for the production of documents – to obtain any written or electronic records related to the claim from the other party.

Step 5: Trial

What to expect

During the trial, the court will hear legal submissions, witness evidence and (if appropriate) witness testimony. There will be opening statements and closing testimonies heard from solicitors.

The judge would’ve been able to read the evidence prior to the trial but may use the hearing to examine the evidence further. The defendant and complainant will be asked questions, either to summarise their case or to deal with particular disagreements in turn.

Outcomes and verdict determination

The judge may leave the room following the trial to make a decision, or (more likely) return their verdict at a later date.

Unlike criminal cases, civil proceedings aim to compensate the injured party and provide resolutions, not impose punishments, and the outcome typically involves compensating the successful party or imposing a particular order or injunction.

Step 6: Post-trial motions and appeals

Post-trial procedures include submitting a post-trial motion, which asks for a form of extraordinary action after the ruling, to modify or overturn the verdict. The most common types of motion requested are:

• Setting aside the verdict
• Declaring a new trial
• Dismissal
• Judgment or acquittal

The judge will consider the reasons for the motion and decide whether to grant it or not.

The granting or denying of a motion is often the basis for an appeal. Appeals are filed with a higher court, with a higher judge, and generally require showing a significant error in law or procedure that impacted the trial’s outcome; they’re a chance to correct any errors made during the initial hearing or trial. Appeals typically must be made within 21 days of the court’s decision.

Step 7: Enforcement of the judgment

If the court decides that you must be paid a sum of money but the defendant doesn’t comply, you can go back to the court and request an ‘enforcement of judgement’. There are various enforcement requests:

• Warrant of control: You can request enforcement agents to attend the defendant’s home, collect the money you are owed or take items to be sold at auction.
• Attachment of earnings order (wage garnishment): This is sent to the defendant’s employer (if applicable), telling them to send an amount of their salary on payment dates to a collection office; this money is then sent on to you.
• Third-party debt order: The court can prevent the defendant from withdrawing money from their bank or building society, advising the bank to send this money to you instead.
• Charging order: This prevents the defendant from selling their assets (land, property, possessions) without paying what they owe you first.
• In the case of breaching injunctions, there are various consequences for the defendant, such as contempt of court and penalties, including fines, community service and, in serious cases, imprisonment.

For any breach, the method of enforcement will depend on a variety of factors, including the defendant’s employment status, financial situation, the nature of the court outcome, and the seriousness of the offence.

Why Choose QualitySolicitors?

Our nationwide network of solicitors provides clear, jargon-free advice to guide you through litigation confidently. We prioritise:

• Clarity: Transparent explanations of your options.
• Efficiency: Streamlined processes to reduce stress and costs.
• Expertise: Tailored strategies for the best possible outcome.

Litigation can be daunting, but with QualitySolicitors, you’re never alone. Contact us today for peace of mind.