Commencement Legal Proceedings are started by way of a completed “claim form” which sets out the details of the claim made and the reliefs or orders sought from the Court. The person making the claim is called “the claimant” (instead of the more traditional description of plaintiff) and the person against whom the claim is […]
Category: Course of Proceedings
Pre-Hearing Steps
Putting Cards on the Table “Discovery” and “inspection” are an integral part of the way litigation is conducted in England and Wales. The purpose is to ensure that parties put their cards “face up” on the table in order to do justice. This will be required even if it means providing the opponent with the […]
Case Management
General A radical feature of the Civil Procedure Rules is the court and court offices’ management of the case. Their involvement is much more significant than is usually the case in Ireland, where the pace of litigation and the way it is conducted is largely in the hands of the parties. The Court has a […]
The Civil Trial
General The trial represents the culmination of legal proceedings. The vast majority of proceedings will be settled long in advance of a formal trial. However, if there are matters of fact in dispute or if the outcome is finely balanced, the claim dispute may proceed to a full trial. A claimant must prove his case […]
Court Reform
Background Disputes which relate to matters or transactions in England and Wales or English or Welsh land or which have a connection with England and Wales are heard by English Courts. London has a strong reputation as an international commercial centre. Parties to international contracts often agree that the English Courts decide disputes, even though […]
Debt Collection and Money Claims
Procedure There are special fast track procedures in “Debt Collection” cases. Debt Collection refers to claims for definite sums of money where there are no serious grounds for disputing the claim. Typically, a debt collection claim will be for monies due for goods or services provided. Legal Proceedings are started by way of a completed […]
Commercial Disputes and the Commercial Court
Commercial Disputes Commercial dispute resolution refers to disputes between business entities. The same Court Rules apply as with general civil claims but different tactical considerations may arise and different types of specialist courts and types of law may arise. Disputes may be resolved through a number of methods. Litigation involves the resolution of disputes by […]