How Do Civil Cases Work?
Under UK civil law, all parties must follow the Civil Procedure Rules. These provide instructions on how civil cases are to proceed and can be found on the Government website.
Whilst different areas of civil law are governed by separate protocols, Part 1 of the CPR outlines the overriding objective of civil law as a whole. This states that cases should be dealt with in a just manner, ensuring they are kept at a proportionate cost, and that no one party is unfairly advantaged. Further to this, a key aim of the CPR is to safeguard parties by making sure cases are handled expeditiously and fairly by providing appropriate shares of court resources in respect of parties’ compliance with the CPR.
How do civil cases progress?
The court has the control in determining how each case is to progress. They do so by ordering appropriate directions, setting timescales by which these must be followed, and ensuring compliance with these. The court also has the power to impose sanctions on parties for failure to comply with the set directions and these are also outlined within the CPR.
There are various stages to making a civil claim which parties must follow and it should be noted that this is only a brief outline of the steps parties must take when bringing a claim in the civil courts.
The first stage is the pre-litigation phase. This is the period prior to a case being issued with the court and during this phase parties are encouraged to be open by disclosing vital information and documents in order for issues to be narrowed. This allows parties to analyse their prospects of success. During this period, the Claimant must send the Defendant a Letter of Claim outlining the basis of their claim and allow the Defendant a reasonable amount of time in which to provide a Letter of Response. During the pre-litigation phase, parties can enter into alternative dispute resolution as outlined below.
What happens if you can’t reach a settlement?
If a settlement is unable to be reached during the pre-litigation phase, the Claimant may then choose to issue their claim with the court. Should the Defendant file a defence once a claim is issued with the court, the case will then be allocated to a track. The track on which a case is allocated is determined by the value of the claim. Claims of less than £10,000 will usually be allocated to the small claims track. If a claim is valued between £10,000 and £25,000 it will be allocated to the fast track, and then any claim of a higher value will be allocated to the multitrack.
Part 27 of the Civil Procedure Rules sets out the special procedures for those claims allocated to the small claims track and limits the amount of costs that can be recovered.
What is considered a small claim?
A matter shall be allocated as a small claim where:
- it has a financial value of not more than £10,000, subject to special provisions regarding personal injuries and housing disrepair claims;
- the claim is for personal injuries which has a financial value of not more than £10,000 where the damages claim is not more than £1,000; and
- the claim is made by a tenant of residential premises against his landlord for repairs or works where the estimated costs is not more than £1,000 and financial value of any other damages claim is not more than £1,000.
Under the small claims track, the court may not order a party to pay a sum to another in terms of costs, fees, and expenses. There are exceptions to this however, and this includes:
- where there are fixed costs attributable to issuing the claim,
- any court fees
- any reasonably incurred expenses of a party or a witness in travelling to and from a hearing or staying away from home to attend said hearing;
- loss of earnings or loss of leave not exceeding the sum specific in Practice Direction 27A;
- reasonable expert fees;
- any further costs the court assess should be paid by the party who has behaved unreasonably;
- the Stage 1 and, where relevant, the Stage 2 fixed costs.
Do I have to take a settlement?
If you were to reject an offer of settlement this will not in itself constitute unreasonable behaviour, however the court may take it into consideration when they apply the unreasonableness test should your matter proceed to trial, and you are unsuccessful.
How do fast track civil cases progress?
For cases allocated to the fast track, the court will give directions for the management of the case and will set a timetable for steps to be taken in between them giving further directions and the matter proceeding to trial. On doing so the court will fix a trial date and make directions relating to the disclosure of documents, service of witness statements and expert evidence.
How do multitrack civil cases progress?
Finally, for those cases allocated to the multitrack, the court will set directions for case management which will include a timetable for the steps parties must take between the directions being given and the trial. The court may also decide it is appropriate to list a case management hearing, a pre-trial review, or both. For claims allocated to the multitrack, parties should attempt to agree directions for case progression and file these with the court at least seven days prior to any case management conference.
What is Alternative Dispute Resolution (ADR)?
Alternative dispute resolution (“ADR”) is a process which runs alongside any court proceedings and is a way of settling disputes without the need for court hearings. The main forms of ADR are mediation, arbitration, Calderbank offers, and part 36 offers. For further information on Calderbank and Part 36 offers, please see our article.
Civil disputes can often be expensive and time consuming, and so alternative dispute resolution can be a way of coming to a settlement faster and at less cost to parties. This is in keeping with the overriding objective of the CPR and should be considered when pursuing a civil claim.
If mediation is deemed appropriate in your matter, a third party shall facilitate a meeting between yourself and the claimant in an attempt to resolve your dispute. The mediator may speak with both parties individually before holding the mediation meeting to gauge your position. The mediator is there as a neutral facilitator of any resolution and will usually be allocated by the court. This process is client led and focuses on achieving a settlement for you at a lesser cost. We understand that entering into civil litigation can be an extremely stressful process and so mediation is a way of reaching a settlement in a more timely manner.
Civil Law Solicitors at SMQ Legal
At SMQ Legal Services our aim is to get the best outcome for you and as such we will continue to advise you throughout your case on the best course of action. We offer all our new enquiries free initial 20 minute appointments to discuss your dispute in further detail and advise on how we can best help you.
If you would like further advise on whether you have a claim, please do not hesitate to get in touch and we can book you in with our civil solicitors team.