Following on from our previous commercial dispute articles on the initial steps to take and how to escalate a dispute, we will now outline the litigation process when pursuing a claim.
Whether you are the Claimant or Defendant, we can advise you on the Court process and what to expect. It is the nature of litigation that no outcome can be guaranteed and therefore there will always be an element of risk. It is part of our job to help you manage the risk and advise your business at each stage of the process.
Before proceedings are issued, we will advise you on the merits of your case and provide an estimate of the likely costs to take the matter to trial.
Set out below are the initial steps to begin a claim and brief information on what to expect during the Court process.
Pursuing a business dispute through the Courts
Issuing a claim
- The first step would be to complete and issue a claim form. The claim form will include the names of the parties involved, the value of the claim, any claim for interest, and the particulars of the claim.
- The claim form would then be filed at Court and the Court would serve it on the Defendant.
Defence
- On receipt of the claim form, the Defendant has 14 days to file a Defence or 28 days from the date of acknowledgement of service.
Reply
- The Claimant can Reply to the Defence on any new issues that have been raised.
Next steps following proceedings being issued
- The Court will normally list a Case Management Conference (CMC) to set out a timetable for the case and any other issues specific to the claim. Costs budgets will also need to be approved by the Judge.
- Disclosure/Witness Statements will need to be considered and exchanged.
- A pre–trial review will usually take place 6 to 8 weeks before the trial to resolve any outstanding issues and ensure that the budgets are up to date.
- Trial –The parties and their witnesses will be expected to attend Court and give evidence. The Judge will then consider all the documents and evidence provided and hand down judgment.
Timelines
There are strict deadlines that both parties must adhere to. Failure to do so can have serious consequences on your case. This is why we recommend seeking legal advice before commencing litigation.
How can we help?
Anika Zahid is an Associate in our Dispute Resolution team, specialising in commercial litigation and professional negligence claims.
This is not an exhaustive list of costs and funding options in business disputes, if you would like advice in relation to the points raised in this article, please contact Anika or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.