If you’re involved in a civil dispute in the UK, understanding court procedures can seem overwhelming. This blog will help explain the basic processes and key terms in civil litigation, as well as the differences between small claims courts and higher courts.
Explanation of Court Processes and Key Terms
When you enter the world of civil litigation, you will encounter several stages and terms. Here’s a simple guide to help you understand what to expect:
Pre-Action Stage
- Letter of Claim: Before going to court, you must send a letter to the other party explaining your claim and what you want. This is called a Letter of Claim or a Letter Before Action.
- Response: The other party will reply to your letter. They might agree to settle, deny the claim, or propose a different solution.
Starting the Claim
- Claim Form: If you cannot resolve the issue, you start the court process by filling out a Claim Form. This document outlines your case and what you are asking for.
- Filing the Claim: You submit the Claim Form to the court and pay a fee. The court will then send the form to the other party, who becomes the “defendant.”
Defendant’s Response
- Acknowledgment of Service: The defendant must acknowledge receiving the claim. They can either accept the claim, dispute it, or file a counterclaim.
- Defence: If the defendant disputes the claim, they will submit a Defence, explaining why they disagree with your case.
Case Management
- Directions: The court will give instructions on how the case should proceed. These are called Directions and can include timelines for submitting evidence and witness statements.
- Pre-Trial Review: Sometimes, the court will hold a Pre-Trial Review to make sure both parties are ready for trial.
The Trial
- Hearing: Both parties present their evidence and arguments. Witnesses may be called to give testimony.
- Judgement: After hearing both sides, the judge will make a decision. This is called the Judgment.
Post-Trial
- Appeal: If you are unhappy with the judgement, you may have the right to appeal to a higher court. However, this is usually only allowed if there was a legal error in the trial.
Key Terms in Civil Litigation
- Claimant: The person who brings the case to court.
- Defendant: The person or entity the case is brought against.
- Settlement: An agreement reached between both parties to resolve the dispute without going to trial.
- Damages: Money awarded by the court to compensate for harm or loss.
- Injunction: A court order requiring someone to do or stop doing something.
Differences Between Small Claims Court and Higher Courts
Understanding which court handles your case depends on the complexity and value of the claim:
Small Claims Court
- Purpose: Designed for simple cases involving smaller amounts of money (usually up to £10,000).
- Process: The process is less formal and faster. Lawyers are not always necessary, and the hearings are usually short.
- Examples: Common cases include minor contract disputes, faulty goods or services, and small property damage claims.
Higher Courts
- County Court: Handles more complex cases or those involving larger sums of money (over £10,000). The process is more formal, and legal representation is often needed.
- High Court: Deals with very complex cases and high-value claims (over £100,000). The procedures are highly formal, and cases can take longer to resolve.
- Examples: Larger contract disputes, significant personal injury claims, and complex property disputes.
Navigating civil litigation can be daunting, but understanding the court procedures and key terms can make the process more manageable. Knowing the differences between small claims court and higher courts can help you choose the right path for your case. If you’re ever unsure, seeking advice from a solicitor can provide clarity and support through each stage of the process.
