Civil litigation is mainly the method used when each party seeks to sort out civil disputes in England and Wales. This is presided over by the Civil Procedure Rules or known as the CPR. In civil litigation, each of the party involved will usually try to prove their case before a judge on a balance of probabilities,
Each party involved in the litigation must comply with the CPR. However, several rules differ, this depends on the type of the case and the value of the claim. Here are some key points according to howdengroup.com.
The Pre-action Protocols
Before a court proceeding is done, the parties involved in the dispute must be encouraged to meet face to face to settle the issues between themselves.
If the dispute is not unable to be resolved and litigation must happen, a claimant will start the proceedings by filing a claim form issued at the appropriate court.
Costs and Case Management Conference or CMC
Before a CMC is commenced, the respective representatives will prepare the necessary documents and each party is encouraged to agree as much as they can. If not, the CMC deals with matters regarding the case and understand the issues between the parties.
This is the process where each party will present the available documented evidence in the case.
There are certain situations where the documents presented are not enough to prove the claim or defense, hence witness evidence is required.
In instances where the Court needs assistance on a case that needs relevant technical knowledge, expert evidence is needed.
A pre-trial review is an administrative hearing wherein the Court will check the parties’ compliance with the timetable and any other orders the Court has issued, fix the trial date, and finalize the trial’s timetable and the issues decided are listed.
Alternative Dispute Resolution
The nature of ADR will differ based on the situation, but negotiating and settlement are the often methods used.
Each party will have its lawyers present their case to the judge by explaining any relevant case law, present the relevant documents, and cross-examine the opposing party’s witness and expert. The trial is concluded by a judge’s decision that is often delayed to make sure that all evidence is considered.