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Civil Litigation FAQs

Civil litigation plays a central role in resolving private legal disputes in England and Wales. From unpaid debts and breach of contract claims to property rows and professional negligence, civil litigation offers individuals, businesses, and organisations a formal process for asserting their rights or defending against legal action. It is not about criminal wrongdoing or punishment, but rather about remedies, most often in the form of compensation, injunctions, enforcement of obligations, or declaratory relief.

For many people, engaging with the court system for the first time can feel overwhelming. The process is governed by detailed rules and timeframes, with consequences for procedural errors or delays. Understanding how claims are brought, how evidence is handled, and what to expect in terms of cost and outcomes is essential for managing risk and making informed decisions.

This article answers some of the most frequently asked questions about the civil litigation process in England and Wales. Whether you are thinking about starting a claim, responding to one, or simply trying to understand your options, this guide explains the key steps, rules, and principles in plain language. It also highlights the importance of early advice, the role of alternative dispute resolution, and what you can expect if your case proceeds to trial.

What is civil litigation?

Civil litigation refers to legal proceedings between people, companies, or other entities to resolve disputes that are not criminal in nature. These cases involve private rights and responsibilities and are brought to court when parties cannot resolve matters themselves. Civil claims are governed by the Civil Procedure Rules and cover a broad range of legal issues, from personal injury and contractual breaches to disputes over land or intellectual property.

What kinds of cases are included under civil litigation?

Civil litigation encompasses a variety of disputes, including breach of contract, negligence, property disputes, defamation, trust and probate issues, and claims relating to intellectual property. For example, a person might claim against a tradesperson for defective work, or a business might bring a claim against a client for unpaid invoices. Unlike criminal cases, civil litigation does not result in imprisonment but may involve the payment of damages or enforcement of rights.

Which courts handle civil disputes?

Civil claims are typically heard in the County Court or the High Court, depending on the value and complexity of the case. Most low- to medium-value claims are issued in the County Court. Claims valued over £100,000 or involving complex legal issues may be transferred to the High Court. The court will also assign a claim to a specific “track” to ensure it is managed proportionately:

  • Small Claims Track – for straightforward claims under £10,000.
  • Fast Track – for claims between £10,000 and £25,000 that can be heard in a single day.
  • Multi Track – for high-value or legally complex disputes requiring more extensive procedures.

How are civil cases started?

A civil case begins with the claimant sending a letter of claim to the defendant, setting out the issues and intended remedy. This is part of the pre-action protocol, which encourages early resolution. If no agreement is reached, the claimant can issue a claim form (usually under Part 7 of the CPR) at court, accompanied by the particulars of claim that explain the legal and factual basis of the case. These documents must be served on the defendant, who has a limited time to respond. Both parties must verify their statements with a signed Statement of Truth.

What are the Civil Procedure Rules?

The Civil Procedure Rules form the procedural framework for all civil litigation in England and Wales. They are designed to make the legal process fair, efficient, and accessible. The CPR require parties to act justly and proportionately, and they include detailed rules on issuing claims, evidence disclosure, costs, and appeals.

Courts have wide powers to manage cases actively and may impose sanctions for non-compliance. Understanding and following the CPR is essential for any party involved in a civil claim.

What is Alternative Dispute Resolution (ADR), and is it required?

ADR refers to methods of resolving disputes outside the courtroom, such as mediation, negotiation, or arbitration. While not legally mandatory, courts expect parties to explore ADR seriously before and during litigation. Refusing to mediate without good reason may result in cost penalties, even if the refusing party wins the case. ADR can be especially useful in preserving relationships, reducing costs, and reaching quicker outcomes compared to litigation.

What are the main stages of a civil case?

A typical civil case includes several key stages. It begins with pre-action correspondence, followed by issuing the claim form and serving it with the particulars of claim. Once the defence is filed, the court gives case management directions. This is followed by disclosure, in which both sides share relevant documents. Witness statements and any expert reports are then exchanged. The case proceeds to trial, where a judge hears the evidence and delivers a judgment. Most cases settle before trial, often through negotiation or mediation.

How do costs work in civil litigation?

The general principle is that the losing party pays a proportion of the winning party’s legal costs, although the court has discretion. Costs must be reasonable and proportionate to the claim’s value and complexity. The court also considers the parties’ conduct, including whether they attempted ADR. In the Small Claims Track, recoverable costs are minimal. In higher-value claims, costs can be substantial, which is why cost budgeting and early settlement discussions are encouraged.

What are the timelines for a typical civil dispute?

Timelines vary depending on the track, the issues involved, and how cooperative the parties are. A Small Claims case may resolve within six to nine months. Fast Track cases typically conclude within nine to twelve months. Multi Track cases often take over a year, sometimes up to two years or more, especially if expert evidence is needed or the case goes to trial. Delays can be reduced if both parties cooperate and engage in early settlement discussions or ADR.

What orders or remedies are available?

Depending on the nature of the dispute, the court may order:

  • Damages, to compensate for loss or injury.
  • Injunctions, to require or prevent specific actions.
  • Declarations, to clarify the parties’ legal rights.
  • Specific performance, particularly in contract cases, requiring a party to fulfil their obligations.

The court tailors remedies to the circumstances of the case and the relief sought by the claimant.

Can a party appeal a decision?

A party can appeal a judgment if there are grounds to suggest that the court made an error in law, misunderstood the facts, or there was a procedural irregularity. Most appeals require permission, which is granted only if the appeal has a real prospect of success or raises a significant point of law. Appeals must usually be filed within 21 days of the judgment. The appeal process is governed by specific CPR rules and is more limited than the initial trial.

Common pitfalls and myths

Many people believe they can recover all their legal costs if they win, but cost recovery is subject to court discretion and the proportionality principle. Ignoring a pre-action letter can result in penalties, and assuming that all disputes go to trial is also incorrect, most civil claims settle out of court. Another misconception is that you do not need legal advice for smaller claims, but even straightforward cases can involve legal pitfalls that delay or damage your case.

Final words

Civil litigation provides a structured path to resolving legal disputes, but it comes with financial and procedural risks. Early legal advice can help you understand your position, avoid procedural mistakes, and assess the strengths of your claim or defence.

Exploring mediation and other forms of ADR before or during the case can reduce stress and cost. Whether you’re pursuing or defending a claim, understanding the Civil Procedure Rules and engaging constructively can improve your chances of a timely and fair resolution.

To find out how our friendly team can help you with a civil litigation matter, please phone us on (0247) 6641642 or fill in our contact form and we will get back to you as quickly as possible.