Guide to dispute resolution
Whilst this is a guide to dispute resolution it focuses on matters which ultimately end up in court litigation. Although most disputes are settled without going to court, and the modern approach is very much to consider litigation as a last resort, litigation remains the most common formal method of dispute resolution. This guide takes you through the litigation process in England and Wales whilst also identifying alternative ways to resolve disputes.’
This guide takes you through the litigation process whilst also identifying alternative ways to resolve disputes.
Terminology
As with most specialist subjects, there is a good deal of terminology connected with litigation. We have attempted to avoid jargon in this guide but as some is inescapable we have included a glossary, explaining the terms used, at the end of the guide.
The aim of this guide
Litigation is governed by a large number of rules which set out what must be done at each stage, the way in which it must be done and the time limit for doing it.
This guide explains key steps in the process and identifies where your solicitor is likely to require information, instructions or assistance from you, either as a claimant or as a defendant. It assumes that you will have a legal advisor acting for you and references to ‘we’ and ‘us’ are to Cripps or the person from this firm dealing with the matter.
This guide is not intended to constitute legal or other advice. Legal advice should always be sought in relation to any particular circumstances. It does not, for example, deal with claims which are specialist proceedings or appeals. In addition, it is focused on ‘fast track’, ‘intermediate track’ or ‘multi-track’ actions and many of the rules discussed are not relevant to ‘small claims’ which operate under a simpler procedure.
We have produced a guide to the small claims procedure. Please ask your contact at Cripps for a copy or you can find it on our website (Search for ‘Guide to dealing with a small claim’). Generally, the value of the claim determines the track that will apply.
Value of claim | Procedure |
Up to £10,000 | Small claims |
£10,000 to £25,000 | Fast track |
£25,000 to £100,000 | Intermediate track |
Over £100,000 (or complex) | Multi-track |
Guidance
Our fees
Our fees will normally be based on the time we spend dealing with the claim but in appropriate cases we also offer other pricing models, such as fixed fees, conditional fee agreements and contingency fee agreements (see below).Estimates
In anything other than very straightforward cases (for example routine debt collecting) it is very difficult to give an estimate of the total cost at the outset. Much depends on the way in which your opponent approaches the litigation and on other factors which are outside our control. We will give you the best estimate we can at the outset of the case and at appropriate stages as the case proceeds. Unless we enter into a specific agreement with you, these estimates are only a ‘best guess’ and not fixed price quotations. This includes the budget that must be prepared for Court use in many multi-track cases.Expenses
In addition to our professional fees, we may have to incur other expenses such as court fees and barristers’ fees, traditionally referred to as ‘disbursements’, on your behalf. If these are likely to be substantial we will endeavour to give you advance notice and obtain an estimate if asked to do so. We usually require larger items of expenditure, particularly barristers’ fees, to be paid in advance.Conditional fee arrangements
In appropriate cases we can enter into conditional fee arrangements to pay for litigation. Under these agreements we agree to charge lower fees, or in some cases only expenses, if the case is lost, in return for higher fees than we would normally charge if the case is won. These are sometimes known as ‘no win, no fee’ arrangements. If you are interested in entering into such an agreement, please discuss this with the person who is dealing with your matter.Contingency fee arrangements
If there are no court proceedings we may enter into a bespoke contingency fee agreement where we can agree with you the contingency basis on which we will be paid. In some instances where there are court proceedings we may agree to enter into a ‘damages based’ contingency fee arrangement. On this basis our charge will be a percentage of any recovery we achieve for you. Special court rules apply to these agreements and they are not suitable in many cases.Insurance
There is a wide range of insurance products available to cover the risk of having to pay your own or your opponent’s costs in the event that your claim is unsuccessful. These can be purchased as stand-alone policies or in conjunction with a conditional fee agreement or litigation funding agreement. We are not able to advise you as to which policy best suits your circumstances but can give you details of insurers and brokers from whom you can obtain such advice. You should also check any household or business insurance policies as these may include legal expenses insurance which covers you for the case.Litigation funding
This is often used alongside insurance cover. Investors provide funds to cover litigation costs. If you win the case, you repay the funds provided plus a proportion of any money recovered. If you lose, you do not usually have to repay the funds. It is not available for every type of case but can be a useful option in the right circumstances.- clinical negligence
- commercial property dilapidations
- construction and engineering
- debt (owed by an individual to a business)
- defamation
- disease and illness
- gastric illness from a package holiday
- housing disrepair
- judicial review
- personal injury
- possession based on rent and mortgage arrears, or
- professional negligence
Negotiation
This is the simplest form of ADR and can be little more than an exchange of ‘without prejudice’ correspondence between the parties or their lawyers. The court may see a failure to engage in negotiation, where it is appropriate, as unreasonable and therefore impose a costs penalty.Early Neutral Evaluation
In Early Neutral Evaluation (ENE) the parties agree to appoint someone with specialist skills or knowledge to consider some or all of the issues, and the arguments being made, and give the parties a view on the strength of those arguments. The ENE is not binding and will not affect any court proceedings but it can help the parties to move on in their negotiations.Adjudication
In this form of dispute resolution a single adjudicator is appointed and will generally reach a decision based upon the documents provided by each party. The adjudicator’s decision is binding on the parties unless it is overturned by the court. Adjudication is generally only used in building and construction disputes and you should seek specialist advice if a dispute falls into this category.Arbitration
This is a formal dispute resolution procedure in which a tribunal or sole arbitrator issues a ruling, known as an award, on the issues put to it for decision. The tribunal is expected to behave judicially and will determine the rights and liabilities of the parties. Arbitration is mandatory under some contracts. In those cases the court will not allow the parties to litigate unless both waive their right to arbitration. The form of the arbitration will normally be agreed between the parties, or the contract will adopt one of the standard sets of arbitration rules. Otherwise, there are procedures set out in the Arbitration Act 1996. The advantages of arbitration include some flexibility in the procedure and a degree of privacy as, unlike litigation proceedings, arbitrations are not open to the public. In addition, a tribunal with specialist knowledge of the issues in dispute can be chosen, which may make arriving at a decision quicker and easier. One further advantage, if a dispute has an international element, is that there are various international agreements which require other countries to recognise arbitration awards when they might not recognise a judgment made in another country’s courts. The disadvantages include the fact that it can be more expensive than court proceedings and the tribunal is less likely to see itself as being bound by legal precedent — although there is a right to appeal to the court on a point of law — which may mean the outcome is less certain. In addition, enforcement of the award still has to be done by application to the court.Mediation
Mediation is negotiation conducted with the assistance of a neutral third party, the mediator. The mediator guides the parties through the negotiation process, advising and listening to both sides, endeavouring to help the parties arrive at a negotiated settlement. Mediation is now free and compulsory in most small claims for a specified amount. A mediator does not impose a settlement on the parties and a mediated settlement is not binding on the parties until encapsulated in a formal agreement. That written agreement between the parties is then enforceable by the courts like a normal contract. Unlike litigation or arbitration, if either party is not happy with the way the mediation is progressing, they are free to walk away at any time and try another form of dispute resolution procedure. Matters discussed during a mediation are considered to be without prejudice and cannot therefore be used in later court proceedings if the mediation fails. Mediation can be relatively quick and inexpensive, the process is private and confidential and since the goal is problem solving, it is often successful in preserving working relationships between parties. It is therefore particularly appropriate where the parties involved have an ongoing relationship which they do not wish to see irreparably damaged. Mediation does require the parties to enter into the process with a willingness to explore constructive solutions and the absence of an imposed decision may mean that it is not suitable for all cases.Expert determination
This is a voluntary process where a neutral third party, who is usually an expert in the field in which the dispute arises, gives a binding determination on the issues in dispute. It is usually most appropriate where the dispute revolves around a specific technical issue between the parties. The parties must agree in advance the choice of expert and his instructions and then agree to be bound by his finding. The advantage is that the procedure is quick and relatively inexpensive. The main disadvantage is that the decision is open to challenge only on very limited grounds.- ensuring that the parties are on an equal footing
- saving expense
- dealing with the case in ways which are proportionate to:
- the amount of money involved
- the importance of the case
- the complexity of the issues, and
- the financial position of each party
- ensuring that it is dealt with expeditiously and fairly
- allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases, and
- enforcing compliance with rules, practice directions and orders.”
- admit the claim — in whole or in part;
- acknowledge service and file a defence later; or
- file a defence.
- if either party accepts an offer within the initial time limit the defendant will usually have to pay the claimant’s costs incurred up to the date of the notice of acceptance (if the costs cannot be agreed, they will be determined by the court and assessed on the standard basis);
- if either party accepts an offer outside the initial time limit the claimant will generally be entitled to their costs up to expiry of that period and the person accepting the offer will have to pay the offeror’s costs incurred from that point until the offer was accepted;
- where a claimant does not accept a defendant’s offer and then fails to do better at trial than the offer, the court will normally order the claimant to pay the defendant’s costs incurred since the end of the initial time limit;
- if a defendant does not accept a claimant’s offer and the claimant’s award at trial equals or is better than the claimant’s offer, the court can order the defendant to pay an extra 10% of damages or costs awarded up to £500,000, and 5% on amounts between £500,000 and £1million; interest on money awarded at a rate up to 10% above base rate for all or some of the period; indemnity costs; and interest on those costs.
- if either party accepts an offer within the initial offer period, the defendant will have to pay the fixed recoverable costs corresponding with the stage the claim has reached when the offer is accepted, and by reference to the amount of the offer accepted;
- if a claimant accepts a defendant’s offer after the initial offer period, the claimant will be entitled to fixed costs for the stage applicable when the initial offer period expired, and will be liable for the defendant’s fixed costs for the stage applicable at the date the offer was accepted, less the fixed costs to which the claimant is entitled. If however, the end of the initial offer period and the date of acceptance of the offer are within the same stage, then the claimant will be entitled to the costs for the stages up to but not including the stage when the offer was accepted, and the defendant will be entitled to the fixed costs applicable for that stage.
- If a defendant accepts a claimant’s Part 36 offer after the expiry of the initial offer period, there is no express provision dealing with this situation at the moment, however this suggests that the costs consequences are the same as when such an offer is accepted within the offer period (see above).
- where a claimant does not accept a defendant’s offer and then fails to do better at trial than the offer, the claimant is entitled to the fixed recoverable costs for the stage reached when the initial offer period expired, plus any applicable additional fixed costs. However, because the claimant should have accepted the offer, the claimant is liable for the defendant’s fixed recoverable costs applicable at the date of judgment, less the fixed costs to which the claimant is entitled;
- if a defendant does not accept a claimant’s offer and the claimant’s award at trial equals or is better than the claimant’s offer, the claimant is entitled to the fixed recoverable costs for the stage applicable at the date of judgment and any applicable additional fixed costs. The claimant will also be entitled to an uplift of 35% on the difference between the fixed costs to which the claimant is entitled for the relevant stage applicable when the initial offer period expired and the stage applicable at the date of judgment. The claimant may also be entitled to interest up to 10% above base rate on the damages for the period after the initial offer period expired, interest on costs and an additional amount up to £75,000.
Small claims track
This is generally used for cases with a value of less than £10,000 (there are lower limits for personal injury and housing disrepair claims). The key points to note are:- the proceedings and procedure are much less formal;
- it may be possible to deal with the case without a court hearing if both parties agree; and
- very limited costs are recoverable from the other party.
Fast track
The fast track provides a streamlined procedure to handle cases with a value between £10,000 and £25,000 where the trial is likely to last up to one day. The key points are:- the court gives standard directions at the beginning of the case setting a timetable to take the case to trial;
- the court sets a trial date which will probably be within 30 weeks;
- expert evidence is likely to be limited and only written expert evidence will normally be allowed at the trial;
- claims issued from 1 October 2023 are subject to the new fixed recoverable costs regime, with costs limited according to which of the four complexity bands the claim is assigned to. Table 12 in Practice Direction 45.44 sets out the fixed amount of costs that can be recovered for each stage of the proceedings. Disbursements are set out in section IX of CPR 45. Table 13 in Practice Direction 45.46 sets out some additional fixed costs which may be allowable in exceptional circumstances. For claims issued before 1 October 2023, only trial costs are fixed. This fixed costs regime means that regardless of what you pay to your legal team, you will only be entitled to recover a fixed sum for the costs of the trial if you are successful, or you will be required to pay a fixed sum if unsuccessful. This fixed sum is set by the court and is unlikely to reflect the actual costs of the trial.
Intermediate track
This is the normal track for claims of £25,000 to £100,000 where the trial will not last longer than three days and the claim is brought by one claimant against either one or two defendants or is brought by two claimants against one defendant. The key points to note are:- •that oral expert evidence is likely to be limited to two experts per party;
- the claim will be assigned by the court to one of four complexity bands which together with the value of the claim and the stage at which the claims settles, will determine the fixed level of costs that will be recoverable if a claim is successful as set out in Table 14 in Practice Direction 45. The parties may agree the complexity band, but the court may direct otherwise. The amount of recoverable costs is likely to be significantly less than actual costs incurred.
Multi-track
This is the normal track for any claim for which the small claims track, fast track or the intermediate track is not the normal track. This means that the multi-track will be the usual track for higher value (over £100,000) and more complex cases.Directions questionnaire
When a defence has been filed the court will send out a Notice of Proposed Allocation to all parties, stating the proposed track for the matter and requiring each party to complete and return a directions questionnaire. Among other things the questionnaire seeks information on:- the parties’ willingness to try ADR. Either party may request a one month stay of the proceedings to enable ADR to be explored, or the court can order a stay to encourage the parties to explore ADR;
- whether the parties agree to the proposed court track;
- whether pre-action protocols apply and have been complied with;
- the parties’ views on the complexity of the law, facts and evidence relating to the case. This includes the number of witnesses likely to be involved, what expert evidence may be required, the value of any counterclaim, the potential involvement of third parties and the documents, both paper and electronic, that will need to be disclosed; and
- the likely cost of the action. In most multi-track cases each parties must supply a detailed budget, verified by a statement of truth, for the costs involved in taking the matter to trial. The costs will then be managed throughout the case according to those budgets, or as amended from time to time by the parties or at the court’s request. The court may make a costs management order, effectively limiting the costs that can be recovered from the other side to those in the budgets.
Summary judgment
Summary judgment is available to both claimants and defendants. A party who feels that the other does not have a valid claim or defence can apply to the court for the claim or defence to be struck out and for judgment to be entered in their favour. The applicant must satisfy the court that the other party has ‘no reasonable prospect of success’ and that ‘there is no other reason why the case or issue should be dealt with at trial’. Summary judgment can apply to the whole of the claim or defence, or to specific issues. The court can strike out the claim or defence and give judgment to the claimant or the defendant, or it can make a conditional order. A typical conditional order might be for the claimant or defendant to have to pay a sum of money into court before being allowed to continue the action.Case and costs management conferences
These are a key part of the court’s active case and costs management role. At a case management conference the court will review the steps taken so far, give directions about the future conduct of the case and ensure that all matters which can be agreed are explored and recorded. The court will consider:- whether the claimant and defendant have made their case clear;
- whether any amendments are required to any statement of case;
- what disclosure of documents is required;
- what expert evidence is needed;
- what factual evidence should be disclosed;
- what further information is required from any party or the experts;
- whether the trial should be split, for example, first a trial on whether the defendant is liable and only if the answer is yes, a trial of how much the defendant should pay; and
- whether the parties’ costs budgets are proportionate to the claim. If not, the court can set lower budgets. If the court makes a ‘costs management order’ that can effectively limit the winner’s recoverable costs at the end of the claim to the budgeted amount. Even if the court does not make a costs management order, the budgets will be taken into account when the judge is assessing costs at the end of the case.
Specific disclosure
In fast, intermediate and multi-track cases the court will determine the most appropriate disclosure order having regard to the overriding objective. In multi-track cases the extent of disclosure will be agreed by the parties and the court (see below). However, there may be occasions when one party believes that the other party has further documents which ought to be disclosed. In such a case that party can apply to the court for an order requiring the other party to confirm whether documents of a certain type or within a certain class exist or requiring the party to make a search for such documents. Whether the court will make such an order depends upon all the circumstances of the case but the court will pay particular regard to the principles of the overriding objective.Requests for information
The court can order any party to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any matter. Any party can apply to the court for such an order but usually after they have made a formal request to the other party giving sufficient time to obtain the information. Such an application is most likely where a statement of case fails properly to set out the claim or defence or a particular part of it. Failure to comply with an order to supply further information may result in the claim or defence, or that part of it to which the request related, being struck out by the court.Pre-trial reviews
The purpose of a pre-trial review (PTR) is to give the parties an opportunity to settle before the full costs of a trial are incurred and, where settlement is not possible, to prepare an agenda for the trial. A PTR may not be required in simpler cases. When a PTR is held the trial advocate and somebody with authority to settle the case should normally attend.- the drafting of certain formal documents;
- advising on legal matters where the barrister has particular expertise. This advice can be in writing or in conference. Advice given in conference is provided at a meeting (in person or remotely) between the barrister, solicitor and client; and
- undertaking the advocacy at the trial, that is to say asking questions of the witnesses, and presenting legal argument and oral and written evidence to the court.
- the conduct of each party before and after the issue of proceedings will be considered. Points which the court will take note of include whether it was reasonable for a party to pursue or defend a particular issue, the way in which the claim has been handled and whether or not a claim has been exaggerated;
- the conduct of the parties is relevant both to whether or not the court will award costs in one party’s favour and to the amount of the costs that will be awarded;
- costs should be proportionate to the amounts or issues involved in the claim;
- the court will not allow costs which have been unreasonably incurred or are unreasonable in amount;
- our bill will still be payable in full regardless of any order for an opponent to pay our costs (unless agreed otherwise in writing with us);
- even if you are completely successful in your claim your opponent may not be ordered to pay or be capable of paying the full amount of your costs;
- if your opponent is in receipt of state funding then you may not recover costs even if entirely successful;
- in fast track and intermediate track cases, the amount of costs which you can recover for each stage of the proceedings are fixed by the court, regardless of what you actually spend;
- if your claim was issued before 1 October 2023 and is on the fast track , then there is only a limit on the costs which you can recover for the trial itself; and
- costs recoverable in the small claims track are very limited and it is not generally possible to recover the costs of legal representation.
Orders to obtain information from judgment debtors
These are not strictly a method of enforcement but a way to obtain further information. The person against whom the judgment is made (or, if the judgment is against a company, an officer of the company) can be ordered to attend before the court to give evidence under oath about their/the company’s financial circumstances. If the person against whom the order is made fails to attend court, refuses to take the oath or refuses to answer any question, a judge can order that, unless they attend court on another date and answer the questions, they will be arrested.Warrant of control/writ of control
An order can be obtained from the court which directs a bailiff (in the County Court) or a high court enforcement officer (in the High Court) to determine what goods of a debtor are available to be taken and if necessary seize them and sell them at auction. The proceeds of sale (less costs) will then be sent to you.Charging orders
A charging order is similar to a mortgage. If the debtor has a house then the court can order that a charging order be registered against it and this will then rank behind any earlier mortgages but in front of any later ones. If the debtor sells the house then the amount of the charging order will have to be paid out of the proceeds of the sale. In certain circumstances the court will allow the holder of a charging order to apply for an order requiring the debtor to sell the property in question. The value of a charging order is very much dependent upon whether there is any ‘equity’ in the property after any pre-existing mortgages are taken into account.Third party debt orders
If a third party (including a bank or building society) owes money to your debtor then a claim can be brought against that third party to recover your debt directly from them. Generally this requires a fairly detailed knowledge of the debtor’s circumstances.Attachment of earnings orders
If your debtor is employed and you are able to obtain details of their employment it may be possible to obtain an order requiring payment of the debt from their salary over a specified period.Bankruptcy
On being declared a bankrupt an individual’s assets and liabilities are examined and, subject to certain exceptions, any surplus assets are distributed by a Trustee in Bankruptcy to all creditors. The effectiveness of this means of enforcement is very much dependent upon the nature of the debtor's assets and liabilities and in particular the number and type of other creditors. This is something which needs to be considered in some depth before such proceedings are embarked upon.Term | Meaning |
---|---|
ADR | Alternative dispute resolution — alternatives to litigation (for example mediation or arbitration) |
Advocate | The lawyer attending a hearing or trial to put forward the party’s case |
Allocation | The process by which the court decides whether a case is a small claim, fast track, intermediate track or multi-track case |
Business and Property Courts | These are the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court, the Circuit Commercial Court and the Admiralty Court in the Royal Courts of Justice Rolls Building in London, together with the Chancery Division of the High Court, the Technology and Construction Court and the Circuit Commercial Courts in the District Registries of the High Court in Birmingham, Bristol, Leeds, Liverpool, Manchester, Newcastle and Cardiff |
Case management | The pro-active management of the case by the court. Directions will be made to suit the circumstances of the particular case |
Case management Conference (CMC) | An interim hearing at which the court will decide how the case should proceed and will give directions |
Claimant | The person bringing a legal claim |
Claim form | The formal document which starts a claim and sets out the basic nature of the claim |
Costs | Legal and other costs incurred by a party in pursuing or defending a claim generally or a particular issue in relation to that claim. These are normally ordered to be paid by the ‘loser’ of any claim to the ‘winner’. See the section entitled Costs for further details |
Costs budget | Schedule of costs incurred and to be incurred by a party for each phase of litigation in most multi-track cases. It must be filed at court and served on other parties and can limit the party’s recoverable costs |
Costs management | The pro-active management of the steps to be taken and the costs to be incurred in the case so as to further the overriding objective |
Costs management conference | An interim hearing to consider costs and budgets |
Costs management order | An order indicating that the court will control the parties’ budgets in respect of recoverable costs |
Counsel | A barrister |
County Court | The appropriate court for claims worth less than £100,000, subject to certain exceptions (or for personal injury claims less than £50,000) |
CPR | Civil Procedure Rules – the court rules that govern litigation |
Defence | The document containing a detailed description of the response to and rebuttal of the claim |
Defendant | The person defending a legal claim |
Directions | Orders made by the court setting out how the case should proceed and setting a timetable for administrative matters |
Directions questionnaire | A document that must be completed by both parties’ legal advisers after a defence has been served; the information supplied forms the basis of the court’s decisions about case management |
Disbursements | Expenses incurred by a party’s lawyer on their client’s behalf |
Disclosure | The process by which each party reveals to the other the documents they have that are relevant to the case |
Disclosure report | A party’s summary of documents likely to be disclosable, and the practicalities of locating them, filed before the first CMC (multi-track non personal injury cases only) |
District Judge | The Judge who will deal with most interim applications in the County Court |
Enforcement proceedings | The methods of enforcing a judgment or order |
Fast track | The track to which most claims valued at between £10,000 and £25,000 will be allocated, where the trial is likely to last no more than one day and with limited expert evidence |
File/Filed | Deliver[ed] to the court $100 |
Fixed Recoverable Costs (FRC) | The fixed amount of costs which can be recovered by the winning party in fast track or intermediate track claims, regardless of the actual amount incurred. |
High Court | The court which is appropriate for claims worth more than £100,000 (£50,000 if they are personal injury claims) or claims of a particular complexity or general importance |
Indemnity costs | A basis for assessing costs by the court which is more favourable to the receiving party than the standard basis |
Initial Disclosure | In cases in the Business and Property Courts, when a party provides their statement of case to the other parties, they must also provide a List of Documents together with copies of key documents which they have relied on and key documents that are necessary to enable the other parties to understand the claim or defence they have to meet. |
Interim hearing | A hearing during the course of an action other than the trial itself which normally deals with administrative matters |
Intermediate track | The normal track for most claims with a value of between £25,000 and £100,000 to be allocated to, where the trial will not last longer than three days, oral expert evidence is limited to two experts, and the claim is brought by one claimant against either one or two defendants or is brought by two claimants against one defendant |
Issuing/Issued | The process of formally starting proceedings by delivering a claim form to the court, paying the requisite fee and obtaining the court stamp |
Judgment | The court’s decision following a hearing or trial |
February | $80 |
Judgment in default | Judgment given by the court because the claim was not acknowledged or because no defence was put in |
List of documents | The formal document complying with disclosure requirements |
Litigation | The process of pursuing a claim by formal legal proceedings |
Master | Equivalent to a District Judge but in the High Court in London |
Multi-track | The track to which complex claims and those with a value greater than £100,000 will normally be allocated |
Order | A decision of the court requiring a party to take some action. Failure to comply with a court order can result in serious penalties |
Overriding objective | The basic statement of principle underlying the CPR |
Particulars of claim | The document containing a detailed description of the claim |
Pre-action protocols/Practice Direction on Pre-Action Conduct and Protocols y | Steps which the court requires the parties to take before proceedings are issued. Failure to comply with pre-action protocols or the practice direction can result in costs penalties being imposed by the court |
Privileged documents | Documents such as letters between a client and his lawyer which should not be shown to the court or disclosed to the other side |
Proceedings | Another way of generally describing a legal claim or action which has been issued and is being dealt with by the court |
QOCS | ‘Qualified one way costs shifting’ which limits the enforcement of costs orders against personal injury claimants |
Service | Formal delivery of a document to a party |
Settling a claim | Reaching a binding agreement to end a dispute, either to avoid the need for proceedings or to bring proceedings to an end before trial |
Small claims | Claims for less than £10,000 |
Specialist proceedings | Commercial actions dealt with by the Companies Court, Commercial Court, Technology and Construction Court or other specialist court. Separate rules apply in these cases which will need to be discussed with the person who is handling your case |
Standard basis | The normal basis on which the court will assess what costs are payable by one party to the other |
Statement of case | The formal document in which each party sets out their case |
Statement of truth | A statement made by the party or their lawyer in a statement of case, witness statement and other documents confirming the truth of the contents of such documents. We will normally ask you to sign these rather than signing them on your behalf |
Stay | A temporary halt on proceedings |
Struck out | Deleted from a document or, when referring to a claim or defence itself, declared to have no validity or effect |
Summary judgment | An application to the court for judgment to be given to either party without a full trial on the grounds that the other party has no real prospect of success and that there is no other reason why the case or issue should be dealt with at trial |
Trial | The final hearing of a matter |
Without prejudice | Applied to statements or discussions between the parties before or after commencement of proceedings which are in the course of genuine negotiations to reach settlement of a disputed matter. Such communications will be privileged and should not be shown to the court. Where such communications are ‘without prejudice save as to costs’ then they may be shown to the court at the end of the matter when the question of costs is addressed |
Witness statement | A written version of the oral evidence which a person is intending to give at trial |
Term |
Meaning |
---|---|
Pre-action protocols/practice direction | Procedure which should be followed before issuing proceedings |
Negotiations/offers of settlement | Both claimant and defendant may make offers which have costs effects |
Alternative dispute resolution | Alternatives to litigation |
Issue proceedings | The claimant formally sets out the claim |
Defence/counterclaim | The defendant responds to the claim / makes their own claim |
Reply/defence to counterclaim | The claimant responds to the defence and/or counterclaim |
Allocation to court track | The court determines which rules will apply to the claim |
Case / costs management conference | The court decides a timetable for the progress of the claim and considers parties’ budgets (multi-track only) |
Disclosure | Each party discloses to the other documents which relate to the claim |
Exchange witness statements | The parties exchange written statements of their witnesses’ evidence |
Exchange expert reports | The parties exchange reports of any experts they wish to rely on |
Pre-trial review | The court checks if the matter is ready for trial |
Trial | The final hearing of the matter |
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