Disputes
Civil Litigation
Civil litigation covers disputes between individuals or organisations that may need to be resolved through the courts. Often, early advice helps settle a dispute well before a hearing.
What is civil litigation?
Civil litigation is the process of resolving a legal dispute between two or more parties through the civil courts. It covers disagreements over money, property, contracts, services and many other issues. It is different from criminal law, which deals with offences prosecuted by the state.
Court proceedings in England and Wales are governed by the Civil Procedure Rules. Before issuing a claim, parties are expected to follow the relevant pre-action protocol, or the general practice direction on pre-action conduct, and to consider whether the dispute can be settled, including through alternative dispute resolution.
Litigation can be costly and time-consuming, and its outcome is never certain. A clear early assessment of the strengths and risks of your position helps you decide whether, and how, to pursue or defend a claim.
Common situations
- Someone owes you money and will not pay
- You have received a letter of claim or court papers
- A supplier or tradesperson has provided poor or incomplete work
- A dispute with a neighbour, landlord or tenant has escalated
- A professional adviser’s mistake has caused you a loss
- You want to understand your options before deciding whether to take action
Your options and next steps
Pre-action correspondence. Most disputes begin with a carefully prepared letter setting out the claim or response and the evidence relied on. This step alone resolves many disputes.
Negotiation and ADR. Settlement discussions, mediation and other forms of alternative dispute resolution are encouraged by the courts, and a court can order parties to take part in ADR.
Court proceedings. If a claim is issued, it is normally allocated to the small claims, fast, intermediate or multi-track, depending broadly on its value and complexity. Each track has different procedures and different rules about recovering legal costs.
Responding to a claim. If you receive court papers, there are strict deadlines for responding. Do not ignore them, as judgment could be entered against you.
Documents and evidence that may help
You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:
- Any contract, terms and conditions or written agreement
- Emails, letters and messages between the parties
- Invoices, receipts and bank statements relevant to the dispute
- Photographs or reports showing defects or damage
- Any letter of claim or court documents you have received, with the date received
- A short chronology of key events
How we assess your enquiry
- Tell us what happened. Use the enquiry form, call or email with a short summary.
- We review the details. We may ask a few questions or request key documents.
- We explain your options. Including whether your matter is one we can help with.
- You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.
Frequently asked questions
How long do I have to bring a claim?
Time limits vary. Many claims in contract or negligence must be issued within six years, but some are shorter or longer, and the date from which time runs can vary. It is important to take advice early.
What are the court tracks?
In broad terms, the small claims track deals with most claims up to £10,000, the fast track with claims up to £25,000, the intermediate track with claims between £25,000 and £100,000, and the multi-track with higher-value or more complex claims. There are exceptions, including for personal injury and housing claims.
Can I recover my legal costs if I win?
Often a successful party can recover some of their costs from the other side, but rarely all of them, and the rules differ between tracks. On the small claims track, recoverable costs are very limited.
I have received court papers. What should I do?
Act promptly. There are strict deadlines for acknowledging and responding to a claim. Contact us as soon as possible and keep the envelope or record of when the papers arrived.
Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.
Free initial consultation
Tell us briefly what has happened and we will explain your possible next steps.
Deadlines are strict
If you have received court papers, the time to respond is short. Contact us promptly and keep a note of when they arrived.
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Talk to us about your situation
A free initial consultation gives you the chance to explain what has happened and understand your options, with no obligation to go further.
