Ordinary Courts The main Courts that private claimants will use in England and Wales are the High Court and the County Court. The Civil Procedure Rules apply equally in both Courts. Generally, cases will only be started in the High Court it is of significant financial value or raises complex legal issues and it is […]
Category: Litigation Issues
Some Common Types of Claim
Contract Claims Two very common kinds of legal claims are those in the area of “contract” law and “tort”. Contract law refers to legal binding agreements and disputes commonly arise where parties to fulfil obligations. Tort law applies where some person has suffered loss or damage because of a wrong committed by another person. Contract […]
Disclosure
Overview Parties to litigation must generally disclose all relevant documents which they hold or control, to the other party. Disclosure is particularly important in commercial disputes because written documentation will usually play a greater role. The standard disclosure orders require each party to disclose the documents in their control. This includes not only documents in […]
Arbitration
Overview Arbitration is a procedure used to resolve disputes without use of the Courts. It is often used in a commercial context. In arbitration the parties refer a dispute for determination by an arbitrator whom they have appointed. They agree to abide by the arbitration agreement. Arbitration in England and Wales has a high reputation […]
Funding
Public Funding Up to the year 2000 public funding was more widely available for civil litigation through the Legal Aid Scheme. The conditional fee agreement and the Civil Procedures rules were intended to reform litigation, so as to make it more accessible. In this context legal aid was focused on certain narrower areas which were […]
Alternative Dispute Resolution
Procedural Rules Encourage ADR The Civil Procedure Rules encourage so called “Alternative Dispute Resolution”. Alternative Dispute Resolution (ADR) refers to a number of alternative procedures to going to Court. The Civil Procedure Rules actively encourage ADR, if the Court considers this is appropriate. The settlement of disputes by ADR can help to save costs, preserve […]
International Elements
EU Judgements Convention The European Union has introduced common rules which apply through European Union States and the European Economic Area (EEA). These European Union Rules set out common rules for the European Union and EEA in relation to where proceedings can or must be taken, where the dispute involves parties in different member states. This […]
Law of Evidence
Overview The law of evidence deals with how a claim is proved and dealt with in a court hearing. English laws of evidence have been modernised in recent years. The traditional common law rules were quite onerous and generally required that the best evidence or proof be produced notwithstanding that this may be costly or […]
Protective Pre-Trial Orders
Freezing (Mareva) Injunction There are two special types of “pre-hearing” Orders which Courts will make in appropriate cases in order to assist and preserve a claim until the full hearing of the case. The first order is a so called “freezing” injunction. This may be granted where it can be shown that there is a […]
Settlements
General Most disputes between parties are not resolved by a Court judgement. Instead the parties reach a settlement in the light of what is likely to occur in view of the facts as they appear, the law and the entire circumstances. Settlements will sometimes come after direct negotiation or sometimes following the use of so […]
Enforcement of Court Orders
Enforcement in England The England and Wales law on enforcing Court Orders is more streamlined and coherent than in Ireland. Enforcement is handled by the Courts offices to a greater extent than in Ireland. The High Court enforcement officers in the High Court and the bailiffs in the County Court are entitled to enforce judgement […]
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 […]