How Does Civil Litigation And Alternative Dispute Resolution Work In The UK?

How does civil litigation and alternative dispute resolution work in the UK? In this blog, we will look at the civil litigation process, as well as alternate ways to handle disputes that do not involve going to court.  

While the issues that come under civil litigation are not criminal, they can still be destressing and consuming for the parties involved. It is important for rights to be upheld, no matter how critical the circumstances are. Continue reading to find out how civil litigation and alternative dispute resolution work in the UK. 

Understanding Civil Litigation

What Is Civil Litigation? 

Civil litigation applies to any cases that require legal intervention to resolve a dispute but is not linked to criminal activity. In this case, the dispute is handled by the court system, without a need for police investigation.  

As there are no criminal charges involved in civil litigation, the scope of issues that are handled can vary. Common cases include breach of contracts, workplace injuries, property and employment disputes, and divorce settlements. 

Usually, the legal remedy one seeks through civil litigation is financial compensation. Civil litigation is usually the final port of call to resolve disputes when other methods have not been successful.  

In the long run, civil litigation ensures businesses are held accountable for their unlawful actions, to prevent or reduce similar violations from occurring in the future.  

Who Can Use Civil Litigation? 

Civil litigation can be used on an individual basis or on an organisational scale. It sets out to protect the rights of individuals. If a dispute arises that requires legal intervention to come to some form of settlement, civil litigation may be invoked to mediate the situation. Examples of this may include- 

When Should You Consider Civil Litigation? 

Seeking early legal advice can usually prevent cases from resorting to civil litigation. If a matter cannot be resolved in-house or with the aid of legal counsel, then you should consider civil litigation. Issues that are taken down this route have usually been ongoing for quite some time. 

 

The Stages of Civil Litigation 

1. Pre-action Protocols  

When resorting to civil litigation, a party must first comply with the Civil Procedure Rules before making a claim. This warrants notifying the other party that a claim has been made and allowing them time to respond. They must show a prior effort to engage and resolve the dispute without the court’s input. If this still doesn’t amount to any resolution, then civil litigation action is taken.  

2. Issuing Proceedings  

Formal proceedings will then commence, once the Claim Form and Particulars of Claim have been filed with the court. The claim will outline the resolution they seek, such as monetary compensation or contract termination. The opposing party, now the defendant, then has 14 days to file an Acknowledgment of Service. At this time, they may also issue a counterclaim against the Claimant. 

3. Disclosure Of Evidence 

Before appearing in court, both parties must appear before the court. Their litigators will have prepared any relevant documents and gathered supporting evidence, which they must disclose prior to the trial.  

4. Trial Preparation 

Prior to the trial, both parties must exchange witness statements. A court sets out a timetable, which must be adhered to by both parties. At this time, the exchange of ‘expert’ evidence is also gathered, which is an unbiased opinion provided by a legal expert who specialises in the dispute’s area. 

5. Trial And Judgement 

The court decides a date for trial that both parties are available to attend. During the trial, all the disclosed evidence and witness statements are presented to the court. A judgement passed during this session. Instead, a second hearing takes place to then announce the court’s decision. 

Alternative Dispute Resolution (ADR) Options  

What is ADR and why is it important?  

Alternative dispute resolution offers different routes to achieve resolution without needing to go to court. This is usually the preferred method for individuals and businesses as it is generally cheaper, flexible, quicker, confidential and can still result in compensation. Plus, it is significantly less stressful than attending court. 

Methods used for ADR include- 

• Mediation- a neutral third party will mediate the opposing parties and help them to reach a voluntary agreement. This usually requires compromise.  

• Arbitration- an arbitrator will hear the case and make a binding decision to resolve the dispute. This is more formal than mediation but is still kept outside the court system.  

• Negotiation- a direct discussion between the two parties without third-party intervention. Settling the matter without legal representation usually hinges on seeking legal advice early on.  

Civil Litigation And Alternative Dispute Resolution With Blacks Legal 

We hope this blog has now outlined ‘How does Civil Litigation and Alternative Dispute Resolution work in the UK?’. Resolving disputes does not have to be a stressful, complicated process. With expert legal counsel, you can be confident your rights will be upheld. 

Blacks Legal has a professional team of civil litigation solicitors who are reliable, experienced and prepared to support you. We do our utmost to never over-complicate our process. We provide comprehensive legal support but with less of the confusing jargon.  

Individuals seeking civil litigation may not have required legal counsel before. It is important to our service that there will be no hidden costs. Therefore, our pricing is

If you would like to know more about how Civil Litigation and Alternative Dispute Resolution works in the UK, reach out to us today. Our team would be happy to provide more information and offer any support you need.