Frequently Asked Questions About Civil Litigation
Dealing with a dispute, whether it is small or large, can be a particularly stressful experience, especially if you are unsure about the costs and procedures involved.
We have compiled some useful frequently asked questions for you to view.
Our Litigation Team regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively. We hope you find our frequently asked questions useful.
If you cannot find your answer in our FAQ’s, please contact me about your civil dispute on 01536 276300 or contact us online.
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If your claim is worth less than £5,000 (and in the Small Claims Court) then neither party is entitled to their legal costs irrespective of whether you have won or lost the case.
If the claim is worth more than £5,000, generally the losing side pay your costs. However, costs are subject to assessment.
There are other ways of resolving a dispute. Alternative Dispute Resolution and Mediation are a popular way to settle a dispute.
The most efficient way you can ensure you case has the best chance of success is to present hard evidence to support your case. The Court will wish to see any documentary proof or evidence to support your claim. Again, if you have a solicitor on board they can evaluate your evidence and suggest additional evidence that you can use to support your claim.
Furthermore, once a claim has been issued in the Court, the Court will issue directions to be followed by each party by certain dates. By seeking legal advice, you can be sure of what you need to do and when. If you miss or ignore these deadlines then it will have an adverse effect on your case.
Unfortunately each claim is different depending on the amount of communication between parties, how quick to settle etc, so the total costs will depend on the nature of your claim. We can analyse the merits of your claim in detail and will then be able to give a cost estimate. It may be that your house or car insurance covers your costs, we’re happy to look into this for you.
It is highly advised that all civil litigation matters are fully supported by solicitor. There are many civil litigation solicitors who specialise in certain areas so that you receive the most effective legal advice. A civil litigation solicitor can clarify and expand on any points of law that you are unsure of. With regard to the Court hearing, a solicitor can represent or certainly appoint a suitable barrister to best defend your claim.
The main risk within civil litigation is financial. Under English law, the party that loses their case is usually ordered by the Court to pay the costs of the other party on top of their own legal costs. That s why it is important to seek legal advice before commencing your claim. Here at Seatons we can give you an honest opinion of the likelihood of success.
This is an important factor to consider when deciding whether to issue a claim. At Seatons, we can investigate and see if your opponent has any property to save you wasting time and money.
Claims of up to £50,000 are usually dealt with in the County Court. Above that, they are issued in the High Court. The process in each is similar. Court hearings are arranged with the District Judge to ensure that all documents are disclosed and following that all verbal evidence has to be reduced to writing and witness statements exchanged between the parties.
Initial applications are often heard before the Judge relating to issues such as striking out of a case, defence, interim payments, seizure orders, non-compliance etc. A thorough knowledge of the Court rules is essential.
The legal area of civil litigation covers a wide range of claims. It can include suing someone for not paying a debt or for damaging your personal property. Within civil litigation, there is usually some form of dispute. The term ‘litigation’ is the act of bringing a lawsuit and the subsequent Court hearing. Legal advice can be invaluable within a civil litigation dispute.