Civil litigation is a process where each side to the dispute seeks to uncover weaknesses in the other side’s position and prepare itself for negotiations or trial. The majority of disputes are resolved and settled before trial.
Each court and jurisdiction have a different process, for commencing of civil litigation. Generally speaking, the process is commenced by the claimant or the Plaintiff (depending on the jurisdiction) filing a claim either with a statement of claim or at times without. In filing the claim, a filing fee is usually required unless such fee has been waived. Once filed, the claim is served on the defendant and the defendant must file their defence within a certain time frame.
Where the claim was accompanied with a statement of claim, the defence must file their statement of defence. If the claim was not filed with a statement of claim, the defence will only file their intention and thereafter, the claimant must file their statement of claim. The defendant once served will follow their statement of defence.
The statement of claim and defence will set the parameters for the dispute and the issues that need to be resolved.
If the claim fails to establish a cause of action or the evidence in support will likely lead to the claimant failing, costs may be awarded against the claimant in favour of the defendant.
It is therefore imperative that advise is taken prior to filing of a claim and/or any statement of claim.
Once the core documents in a civil litigation are filed, the parties will be required to provide disclosure of relevant material to the dispute. This process may involve dispute as to documents that are to be disclosed, which in turn may require a separate hearing or hearings to determine the issue relating to disclosure.
Dispute resolution by way of mediation is an important part of any litigation. The parties may be required to meet in the presence of an independent court-appointed person, known as a mediator, and attempt to negotiate a settlement. There are instances where more than one mediation is required to be attended.
Before trial, both parties file their summary of case with the court, outlining their case.
At trial, a barrister will take the reins of the hearing from the solicitor, who nonetheless will play an essential role at trial, being the person most knowledgeable about the case.
At every stage of the litigation process, our advice and representation will be invaluable and of assistance to the final outcome.
Appius Lawyers – Expertise You Can Trust
We are able to assist and advise in resolving disputes, in the most efficient manner possible.
Our approach is to attempt and resolve disputes, if possible, before they become litigious, by applying strategies that are aimed achieve our clients’ objectives, but at the same time taking into account the commercial reality of the dispute.
We have access to barristers that we engage in litigation matters, who are briefed on the basis of their experience, as required in the circumstances, taking into account the complexity of the issues and cost.
