What is a civil dispute?
A civil dispute is a disagreement between individuals, businesses or organisations that is not a criminal matter but that the law can help to resolve. It might be about money, property, a contract, or the way someone has behaved towards you. Civil litigation is the process of resolving a dispute through the courts, and it covers a wide range of issues, from breach of contract and property disagreements to professional negligence, debt and defamation. Most disputes are about putting things right, usually by recovering money, enforcing an agreement, or asking the court to decide who is in the right.
Can I sue someone? When you can bring a claim
If you believe you have been treated unfairly or have suffered a loss in a way that is not a criminal offence, you may be able to bring a civil claim. Disputes commonly arise between neighbours, customers and suppliers, business partners, landlords and tenants, buyers and sellers of property, homeowners and builders, employers and employees, and executors and beneficiaries of an estate, as well as between creditors and debtors. Before starting a claim it is important to take advice promptly, because different types of case have strict time limits, known as limitation periods, and leaving it too late can prevent a claim from being brought at all. We will look at what happened, the evidence and the strength of your position, and explain your options honestly.
Resolving a dispute without going to court
Going to court is not the only way to resolve a dispute, and it is often not the quickest or least costly either. The courts expect the people involved to try to settle first, and there are several forms of alternative dispute resolution that can help, including direct negotiation, a formal letter before action, mediation with an independent mediator, and in some cases arbitration. Settling early can save a great deal of time, cost and worry, and it lets you keep more control over the outcome. We always look for a sensible resolution where one is available, and we will tell you frankly when we think settling is the right course.
Commencing court proceedings
If a dispute cannot be settled, the next step is to start court proceedings. This begins with following the relevant pre-action steps, then completing and issuing the correct court forms, which depend on the nature and value of the claim. The court sets a timetable, the other side files a defence, both sides exchange documents and evidence, and the matter moves towards a hearing if it is not resolved along the way. Lower-value claims may be dealt with through the small claims process, while larger or more complex claims follow a fuller procedure. Because the rules and deadlines are strict, having a civil litigation solicitor guide you helps keep your case on track.
The civil litigation process, step by step
Although every case is different, civil litigation usually follows a familiar path. It starts with taking advice on the merits and the likely cost. Next come the pre-action steps, including a letter before action that sets out the claim and gives the other side a chance to respond. If that does not resolve matters, there is often an attempt at negotiation or mediation. Where the dispute still cannot be settled, a claim is issued at court, the parties exchange their statements of case and then their documents and evidence, and the case is prepared for trial. Many disputes settle before they reach a final hearing. If a case does go to trial, the court gives its judgment, and where money is owed there may be further steps to enforce it.
Common types of civil dispute
We advise individuals and businesses on a broad range of civil disputes. These include contract disputes, such as a breach of contract or an unpaid invoice; property disputes, including boundaries, neighbours, builders, and landlord and tenant matters; professional negligence claims against advisers whose work fell short; and debt claims, whether you are owed money or a claim has been made against you. We also help with consumer and supplier disputes, and with disagreements over wills and the administration of an estate. Whatever the dispute, we focus on the practical outcome you are trying to achieve.
When to speak to a civil litigation solicitor
It is worth taking advice as soon as a dispute looks likely, rather than waiting for it to escalate. Early advice can protect your position, help preserve important evidence, and make sure you do not miss a time limit. It also means you can weigh up the merits, the likely cost and the realistic outcomes before deciding whether to negotiate, use mediation, or issue a claim. Even if you simply want to understand where you stand, a first conversation costs nothing and can save a great deal later.