Top Things You Need To Know About The Litigation Process

The litigation process can sometimes be difficult for our clients to understand, which is why we have outlined all the important information about the field of litigation below. Hopefully, this will remove the uncertainty and confusion that typically surrounds it.

What Is Litigation?

Litigation is a term used to describe the process of taking legal action. This happens when either you or your business are in dispute with another.

What Is The Difference Between Litigation and Dispute Resolution?

Used quite interchangeably, litigation and dispute resolution are very similar, however, there are some differences. Litigation usually refers to the court process, whereas dispute resolution often refers to the position before court action is taken. During dispute resolution, a settlement is negotiated through either mediation, arbitration, adjudication, or sometimes through informal conversation.

What Is The Litigation Process?

Normally when this question is asked, people are enquiring about the court element of litigation. The litigation process, therefore, is when you end up suing either an individual or their company for the recovery of money or assets or in respect of some other legal wrong.

Before the claim is issued, the court expects you to go through a pre-action procedure, which usually includes writing a formal letter of claim for which you will await a response and the provision of ‘other side’ information, which determines whether the matter can be settled externally to the court or not. 

The next step is to start your claim, to which the other side has the right to file a defence.   

Should a defence by filed, the court will then send out a direct questionnaire to be completed by both parties; this questionnaire is important as it will be used to assist with weighing up the case.

You will then receive a directions order with instructions leading up to the trial. These will usually be:

– Disclosure (informing the other side what relevant documents and exchanging of documents)
– Filing and service of witness statements
– Filing of expert reports if required by the courts

Then you will have either the pre-trial review hearing or the trial itself, where the court will hear all of your evidence and make a decision.

Can You Help Me Recover Money or Assets?

At the end of the trial, you will find out what the court has decided. If you are owed money and the other party won’t pay it voluntarily, there are steps you can take to enforce a judgement against them:

– Make an application to the court for a Charging Order.
– Request the court sends out court bailiffs or enforcement officers.
– Apply for an attachment of earnings order against a debtor’s wages.
– Apply for a third-party debt order, usually against the debtor’s bank.
– If the owed amount owed is over £5,000 in respect of an individual or £750 from a company, you can apply to make the individual bankrupt or ‘wind up’ the company.

Speak To Litigation Solicitors

For more advice about the litigation process, or for more information about the role of litigation lawyers or business litigation solicitors, you can contact our team at Astle Paterson.

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