Litigation is the process of taking a dispute to a court of law. If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present their respective cases to a court for its judgment. It is a broad term that describes a long and sometimes complex process. In this article, we will break down the stages in the litigation process.
What kind of cases can be resolved using litigation?
There are a wide range of cases which can be resolved using litigation. These can include:
- Commercial disputes e.g. claims for breach of contract such as damaged goods or recovery of debts;
- Matrimonial matters e.g. determining the extent of a spousal claim in a divorce action;
- Claims against the state e.g. A judicial review of a planning decision;
- Personal injury claims e.g. monetary claims arising out of an accident where a person suffered harm;
- Employment disputes e.g. a claim for wrongful dismissal.
What is the litigation process?
The litigation process can be divided into three broad stages:
- The issue of proceedings and filing of a defence;
- Pre-trial procedures;
- Trial
Costs
Litigation can be an extremely expensive undertaking. While it is true that in most cases the successful party can claim its legal costs from the other it is unlikely that a party would be able to recover all of its legal costs. The costs can be divided into two broad categories:
- Court costs which are the administrative fees payable to the Ministry of Justice in order to bring a claim. These vary in accordance with the value of the claim.
- Costs of legal representation. These are the fees charged by your solicitor to act for you in a matter. These too can vary in accordance with the type of claim and the level of seniority of your legal representative. It is very important to discuss how you will fund litigation with your solicitor.