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Satchell Moran Solicitors

Civil Litigation

Civil Litigation Claims

Civil litigation encompasses a diverse range of claims, each requiring a demonstration of loss or injury resulting from another party’s negligence or breach of duty. 

At Satchell Moran Solicitors, we boast a successful track record, having secured substantial compensation in the millions for our esteemed clients. We invite you to trust us with your situation, allowing our team to meticulously examine your case and provide expert counsel on its suitability for pursuit.

What is Civil Litigation?

Civil litigation, in essence, is the formal process of resolving legal disputes involving two or more parties, whether individuals or businesses, seeking compensation for incurred damages or the enforcement of specific obligations.

These disputes span a wide spectrum, encompassing scenarios where one party pursues compensation from another. Civil litigation serves as the legal framework to address a multitude of conflicts, including family law disputes, court custody battles, matters concerning child support payments, conflicts between individuals and credit card companies, disputes between landlords and tenants, and breaches of contractual agreements.

For instance, an illustrative civil litigation claim might involve a client seeking payment for services rendered but left unpaid. It is noteworthy that civil litigation claims are not solely confined to financial matters; they can also pertain to injunctive relief, dictating whether a party should or should not engage in specific actions.

Types of Civil Litigation

Civil litigation encompasses a wide array of disputes that give rise to a number of legal matters. Some of the most prevalent categories of civil litigation include:

The Process of A Civil Litigation Case

Litigation cases in the jurisdiction of England and Wales follow distinct stages, primarily governed by court regulations that must be adhered to. See the usual process for a civil litigation case below.

Pre-Action Protocols

Before initiating a claim, it’s crucial to ensure compliance with the General Practice on Pre-Action Conduct (PDPAC) outlined in the Civil Procedure Rules (CPR). 

These requirements involve sending a detailed letter to the opposing party, providing them with an opportunity to respond in detail. Genuine engagement between parties is mandatory, and failure to do so may result in the Court postponing proceedings until proper engagement occurs.

PDPAC also requires considering Alternative Dispute Resolution (ADR) as a means of resolving the dispute. Demonstrating a genuine consideration of ADR as a resolution method before filing proceedings is essential.

Additionally, parties may make a without prejudice offer to settle the dispute during this stage. Such offers, made under Part 36 of the CPR, cannot be used as court evidence or referenced until the case’s conclusion.

Issuing The Claim & Exchanging Statements of Case

This process involves issuing a claim by submitting a Claim Form alongside Particulars of Claim, which should clearly outline the claimant’s case and the requested remedy (e.g., specific payment, damages, declaration, or other orders).

Subsequently, the court will issue the claim, and service upon the defendant is required. This can be done by either the court or the claimant. After service, the defendant typically has 14 days to submit an Acknowledgment of Service and an additional 14 days to file a Defence (with a possibility of a limited extension).

Following the Defence submission, the courts will allocate the claim to the appropriate track, which will determine the specific procedural steps for progressing the case.

Evidence Exchange

After the claim allocation, the court issues instructions to the parties. In the small and fast tracks, these typically follow standard procedures, and fast track directions occur within the 30 weeks between issue and trial. For multi-track cases, a case management conference is often held, and customised directions are given.

During this phase, parties must undertake disclosure and exchange witness statements, following court-set timelines. If necessary, expert evidence may also be exchanged.

Trial

The court schedules a trial date, considering the required duration, after parties submit their unavailable dates. At the trial, legal submissions, witness evidence, and expert evidence are presented. Typically, the court reserves judgment, except in straightforward cases, with the final ruling delivered in a subsequent brief hearing.

Post-Trial – Appeal & Enforcement

If the judgment is in your favour, the opposing party must comply with the court’s decision within a specified period.

If the judgment goes against you, you can appeal within approximately 14 days of the decision, if granted the right to appeal. The court has the power to award costs which will be set out in the judgment.

How Long Can A Civil Litigation Case Take?

Claimants are encouraged to initiate contact with defendants before litigation, seeking an agreement to settle disputes before resorting to court. Efficient resolution can be achieved when litigation is unnecessary.

Once litigation begins, a specific timeline applies, varying by case. Pursuant to the objective of cost minimisation, parties are urged to speed up proceedings, facilitating prompt trials.

Parties also retain the option to reach out-of-court settlements at any stage before trial, effectively reducing time and costs for all parties involved.

Establishing Whether You Have a Claim

Whether you feel a solicitor has let you down, you’ve been wronged by an accountant or have experienced professional negligence that has put you out of pocket, it’s our job to unwind the details and help right the wrong you have suffered. Sadly, professional negligence is not as uncommon as you might think, so if you feel you have a claim, we can confirm this for you by looking at it from a legal viewpoint.

Our areas of expertise include:

  • Acting against solicitors, accountants and other professionals who have been negligent in a client’s affairs
  • Contesting wills and estates

Contact Us

Please contact a member of our Civil Litigation Department headed by Paula Satchell and Terry Moran on 0151 268 8282 or email us on info@satchellmoransolicitors.com. You can also fill in our contact form and we’ll be in touch as soon as we can.