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View the condensed outline →Starting a Civil Claim: Claim Forms, Particulars of Claim, and Service Introduction Starting a civil claim is the procedural step through which a dispute is formally brought before a court. A claimant may seek damages for breach of contract, compensation for negligence, repayment of a debt, an injunction, a declaration Read more
Pre-Action Protocols: Duties, Proportionality, and Litigation Before Proceedings Introduction Civil litigation in England and Wales does not begin, in practical terms, when a claim form is filed at court. In many disputes, the parties are expected to take a series of steps beforehand to understand the disagreement, exchange relevant information, Read more
Civil Litigation in England and Wales: The Civil Procedure Rules and Overriding Objective Introduction Civil litigation is the legal process through which disputes between individuals, businesses, public bodies, and other organisations are resolved by the courts. Unlike criminal proceedings, which generally concern allegations of criminal offences brought by the state, Read more
Injunctions and Declaratory Judgments Civil litigation does not always end with an award of money. Sometimes a party needs the court to stop conduct, require conduct, or formally determine the parties’ legal rights. Two important forms of judicial relief address those situations: injunctions and declaratory judgments. An injunction is a Read more
Enforcement of Civil Judgments Winning a civil case does not necessarily mean that the prevailing party has received the relief the court awarded. A judgment establishes legal rights and obligations, but in many cases the judgment creditor must take additional steps to enforce it. Enforcement of a civil judgment is Read more
Issue Preclusion and Collateral Estoppel A civil lawsuit can resolve more than the particular claim stated in the complaint. A court may also determine specific factual or legal issues that are necessary to the judgment. Once such an issue has been validly and finally determined, the parties generally should not Read more
Standards of Appellate Review When a case reaches an appellate court, the appellate judges do not review every issue in exactly the same way. The standard of appellate review determines how closely the appellate court will examine the lower court’s decision and how much deference it will give to the Read more
Appeals in Civil Cases An appeal in a civil case is a request for a higher court to review a decision made by a lower court for legal error or another recognized basis for appellate relief. An appeal is not normally a second trial. The appellate court generally reviews the Read more
Motions for a New Trial A motion for a new trial is a post-trial motion asking a court to set aside the result of a trial and conduct a new trial because the first trial was affected by a serious legal, evidentiary, procedural, or factual problem. In federal civil litigation, Read more
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