What Is Civil Litigation? | Guide to Dispute Resolution in England & Wales

Amy Jacobs
Founding Partner | Solicitor

Written by Amy Jacobs | Founding Partner & Solicitor

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Civil Litigation – What Is It?

Civil litigation is one of the most common methods used to resolve a wide range of disputes in England and Wales. The process is governed by the Civil Procedure Rules (CPR).

The CPR sets out the procedures that parties must follow when either bringing or defending a civil claim. The rules are clear and accessible, although they can vary depending on the type of dispute, its complexity, and the value of the claim.

Pre-Action Protocols (PAP): What You Need to Know

Regardless of whether you are bringing or defending a claim, both parties are generally required to comply with the Pre-Action Protocols (PAP) before issuing court proceedings.

The aim of the PAP is to encourage early communication, meaningful negotiation, and the exchange of information to help facilitate settlement without the need for court proceedings.

If a party fails to comply to the PAP, the Court can apply cost orders against that party.

Are Court Proceedings Always Necessary?

Court proceedings should usually be considered a last resort, as they can be both costly and time-consuming.

However, where pre-action negotiations do not result in a settlement, issuing court proceedings may become necessary in order to resolve the dispute.

How We Can Help

At Crate Jacobs, we can guide you through the civil litigation process to make matters as smooth and stress-free as possible.

We regularly assist our clients with a range of commercial disputes, including:

• Property disputes
• Repossession proceedings
• Boundary disputes
• Construction disputes
• Claims under the Consumer Rights Act 2015
• Bankruptcy and insolvency matters
• Debt collection

In our experience, obtaining legal advice at an early stage is crucial. Early advice can significantly increase the likelihood of resolving disputes quickly and in a cost-effective manner.

If you have a matter you would like to discuss with us, whether pre or post-action, please contact us on 01737 339 618 or email info@cratejacobs.com, and a member of our team will be happy to assist you.