Litigation Stages

Enforcement Winning the case is not always the end of the story. If the losing party (the “judgment debtor”) does not pay the amount awarded by the court, the winning party (the “judgment creditor”) may need to take steps to “enforce” the judgment. There are several ways to do this, including: Warrant of Control (Form […]

Evidence Once disclosure is complete, the parties prepare their evidence for trial. This is governed by CPR Part 32 (Evidence) and CPR Part 35 (Experts and Assessors). Witness Statements: Each party will prepare written statements from the witnesses of fact they intend to call at trial. These statements must contain the truth, the whole truth

Case Management Once the statements of case are complete, the court takes an active role in managing the case to ensure it proceeds efficiently. This is governed by CPR Part 3. Allocation to a Track: The court will allocate the case to a “track”, usually based on its value and complexity. Most commercial disputes are

Issuing Proceedings This is the formal start of the court case. To start a claim, the claimant fills out a Form N1: Claim Form. This is the document that officially starts the legal proceedings. It sets out the names of the parties, a brief summary of the claim, and the value of the claim. You

The Importance of Pre-Action Conduct Before starting a formal court case, the courts in England and Wales expect the parties to have tried to resolve their dispute. This is known as “pre-action conduct”. The rules for this are set out in the Practice Direction on Pre-Action Conduct and Protocols. Key Steps: Letter of Claim: The