Civil Litigations Process - Questions Answered

1. What is it likely to cost?
2. Will I be entitled to Legal Aid?
3. What happens to the losing party?
4. What is mediation?
5. What is a Small Claims Court?
6. What is the civil litigation procedure?

1. What is the likely cost of litigation?

We like other solicitors charge at an hourly rate which will usually range between £50 to £200 per hour depending upon status and experience of the fee earner undertaking the work and the subject matter in question.

The overall cost is assessed on the time taken on meetings with clients, conferences with Counsel, attendances at Court, telephones, letters, court appointments studying documents, witness statements, claims, defences and other pleadings, taking proofs of evidence etc.

2. Will I be entitled to Legal Aid?

We will carry out an assessment as to whether you qualify for Legal Aid. Legal Aid is available in some categories of cases such as Housing or Civil Actions Against The Police. A client needs to have some basic capital available in order to litigate. Personal injury cases can be conducted on a no win no fee basis but they are the exception to the general rule.

3. What happens to the losing party?

A losing party is usually ordered to pay the costs of his successful opponent. This can make litigation doubly expensive and hazardous if a case is not l00% watertight. Even a winning litigant however has to pay his own solicitor. Winning the costs means that the losing party can then be required to repay to him such costs as are ruled by the Court to be reasonable and necessary.

4. What is mediation?

Mediation is a non-binding procedure by which an independent mediator will seek to bring the parties together with a view to resolving problems before heavy court expenditure is incurred. The Courts virtually insist that this procedure is put into effect in the hope that it will cut down the amount of litigation which goes through the Courts.

Any party who does not co-operate in a mediation procedure can be severely penalised by later costs orders if he proceeds with the litigation.

5. What is a Small Claims Court?

Small Claims Court is a section of the County Court designed to take cases of £5,000 value or less. On such small matters, costs are not awarded against a losing party and for this reason litigants can very rarely afford to engage a solicitor. In a complicated case his bill would exceed the amount that could be won in Court. Unfortunately small claimants have to act as their own lawyers in cases that might in themselves be quite complex.

6. What is the civil litigation process?

Claims of up to £50,000 in value are normally dealt with in the County Court. Above that figure the writs are issued in the High Court. The civil litigation process in both events is similar. Meetings with the District Judge are arranged and orders made to ensure that full and complete discovery of all relevant documents (whether helpful to the party or not) is given and all verbal evidence has to be reduced to writing and witness statements exchanged between the parties.

Often initial applications of various kinds are made and heard before the Judge or District Judge involving such issues as the striking out of a case or a defence for technical reasons; demands for an interim payment of part of the money claimed pending trial; seizure orders; complaints about non-compliance etc. A thorough knowledge of the court rules is essential.

Beesley & Company: are experts in this legal work, which is handled only by experienced, qualified solicitors with the assistance of competent (but supervised) staff.

© 1996 – 2007 Beesley & Company Solicitors | Disclaimer