In legal terms, litigation is the act of solving disputes in court. It follows a set process defined by the Civil Procedure Rules 1998 in the UK. This process is about people or companies trying to protect or fight for their legal rights.
The litigation process starts with a claimant who brings the lawsuit. Then, there’s the defendant, who is being sued. What is litigation: The steps include sending a ‘letter before claim’, which must get a reply within 30 days. The process includes presenting cases in court, along with trials and appeals. Since it takes a lot of time and resources, it’s usually the last step after trying other ways to solve the dispute.
In the UK, the civil court system deals with litigation. It has county courts for smaller cases and the High Court for bigger ones. Understanding the litigation process helps us see why a fair system is crucial. It ensures justice, protects legal rights, and helps society resolve conflicts.
What is Litigation: Definition and Meaning
To understand what is litigation, you need to know it’s key in legal battles. It means legally fighting to protect or claim a right. This process is guided by rules, like the Civil Procedure Rules in England and Wales. They ensure fairness and efficiency in dealing with cases.
The term litigation definition covers more than just court cases. It includes steps before a trial, such as exchanging information with the other party. What does litigation mean: These steps, set up in 1999, help make the legal process smoother. They also promote resolving disputes without going to trial.
Interestingly, over 95% of cases don’t end up in trial. But, getting ready for trial is expensive, often costing a huge sum. So, hiring a skilled lawyer is crucial. UpCounsel, for example, picks only the best lawyers, with each having around 14 years of experience. This ensures you get the best legal help.
Litigation has many important phases, from before a lawsuit starts to after a trial ends. This can include appeals, with a specific time to file them. These steps highlight how complex and lengthy litigation can be. It demands careful attention and deep legal understanding.
Through litigation, people aim to get money for various losses. This can be for loss of income, medical bills, or other financial hits. Money awarded can be for direct or indirect losses, and sometimes to penalise the wrongdoer.
While litigation can forcefully protect rights, it’s also seen as expensive and slow. So, many turn to other ways like mediation or arbitration. These alternatives can be quicker and cheaper.
The Stages of Litigation Process
The litigation process in England & Wales has five key stages. It’s essential to understand these to navigate the legal field well.
The first step is the pre-action stage. Here, the General Practice on Pre-Action Conduct (PDPAC) sets out what needs to be done before filing a claim. Parties should try to settle their dispute by sharing important documents. If they don’t, the Court may pause the case until they do. Also, a ‘without prejudice’ offer can be made, which is kept out of court until the case ends.
Next is issuing a claim, where detailed case statements are made. After filing a claim, the defendant has 14 days to acknowledge it. They then get another 14 days to defend themselves. The Court will give directions leading up to the trial, aiming for all this to happen within 30 weeks.
The trial phase allows for deep examination and judgment of the case. Not every case gets here; some settle earlier. Both sides prepare by gathering evidence and lining up witnesses.
The final phase is post-trial, focusing on costs and any follow-up actions like appeals. Appeals must be lodged within 14 days if permitted. The Court also handles costs, as detailed in the judgment.
| Stage | Description | Timeframe |
|---|---|---|
| Pre-Action | Parties attempt to resolve issues before formal proceedings | Before issuing a claim |
| Issuing a Claim | Preparation of detailed statements of the case | Initial 14 days + additional 14 days for Defence |
| Directions to Trial | Court sets out case management orders | Within 30 weeks for small and fast track |
| Trial | Thorough examination and judgment of the case | Varies per case |
| Post-Trial | Assessment of costs and potential appeals | 14 days for appeal |
Alternative Dispute Resolution (ADR) Methods
Alternative Dispute Resolution (ADR) means using different ways to solve disputes without going to court. It includes practices like mediation, arbitration, and negotiation. These methods are less hostile and often cheaper than court battles.
Mediation is a key ADR technique. It involves a neutral third party helping to resolve conflicts. This method works well for family, work, and community issues. It allows for confidential and open talks. On the other hand, arbitration involves a formal decision by an arbitrator. What is litigation: This decision is legally binding. Businesses and workers often choose arbitration for its quick and decisive outcomes.
Many people now prefer ADR due to long court wait times, high costs, and delays. As of November 2024, 172 countries support the globally recognized New York Convention for arbitration. This shows how widely accepted arbitration is worldwide. Moreover, the recent adoption of the Uniform Arbitration Act by twelve states highlights arbitration’s importance today.
What is litigation: ADR techniques like negotiation and conciliation promote a spirit of cooperation. They are voluntary and keep matters private, offering a way to maintain relationships and confidentiality. In contrast, court cases are public, which can harm relationships and leak private info. Therefore, litigation meaning more people are choosing ADR for resolving disputes thoughtfully while protecting participants’ interests.
