The Civil Litigation Process: From Claim to Trial

Before commencing proceedings the court expects the parties to have exchanged sufficient information to understand each other's position, try to settle the issues without proceedings and consider ADR. In practice that means a letter of claim, a response within 14 days in a straightforward case (up to 3 months in a very complex one) and disclosure of key documents. Non-compliance feeds directly into later costs orders.

Proceedings are started when the court issues a claim form at the request of the claimant. For money claims the issue fee is banded by value: from £35 for claims up to £300, £455 for claims of £5,000.01 to £10,000, 5% of the claim for £10,000.01 to £200,000, and £10,000 for claims over £200,000.

The claim form must be served — the required step must be completed before 12.00 midnight on the calendar day four months after the date of issue. The particulars of claim (the full statement of your case) must either be contained in or served with the claim form, or served on the defendant within 14 days after service of the claim form.

The defendant must file a defence within 14 days after service of the particulars of claim, or within 28 days if they file an acknowledgment of service. The parties can agree to extend the defence deadline by up to 28 further days, with the defendant notifying the court in writing. If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.

When a defence is filed, a court officer provisionally decides the track which appears most suitable for the claim and the court serves notice requiring the parties to file completed directions questionnaires — with at least 14 days to do so for small claims track cases and at least 28 days for other tracks. If all parties request a stay to attempt settlement, the proceedings are stayed for one month.

Claims are managed on one of four tracks. The small claims track is the normal track for claims worth not more than £10,000 (with lower personal injury sub-limits of £5,000 for road traffic cases and £1,500 for other personal injury). The fast track covers claims up to £25,000 where trial is likely to last no longer than one day. The intermediate track covers claims up to £100,000 where trial will not last longer than three days. The multi-track takes every claim for which none of the other tracks is the normal track.

On the fast track and above, the court orders disclosure — a party discloses a document by stating that it exists or has existed, and the court chooses from a menu of orders. Standard disclosure requires a party to disclose only the documents on which they rely and the documents which adversely affect their own case, adversely affect another party's case, or support another party's case. The duty covers documents in a party's control, continues throughout the proceedings, and a party may not rely on any document they fail to disclose unless the court gives permission.

A hearing (trial) fee is payable in advance: for small claims it ranges from £27 (claims up to £300) to £346 (claims over £3,000); the fast track trial fee is £619; and the intermediate and multi-track fee is £1,334. Trial preparation runs to the court's directions timetable — witness statements, any expert evidence, and trial bundles.

At trial the judge hears the evidence and argument and gives judgment. On costs, the court has discretion as to whether costs are payable by one party to another, the amount and when they are paid — but the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party. The court weighs the parties' conduct (including pre-action conduct) and, on the standard basis, allows only costs which are proportionate to the matters in issue; disproportionate costs may be disallowed even if reasonably incurred.