england-wales

Enforcement of Civil Judgments in England and Wales: Charging Orders, Attachment of Earnings, and Third-Party Debt Orders Introduction Obtaining a civil judgment is an important stage in litigation, but it does not necessarily bring a dispute to an end. A claimant who succeeds in court may receive a judgment confirming Read more

Appeals in Civil Proceedings: Grounds, Permission, Appellate Courts, and Procedures Introduction The right to challenge a judicial decision is an important component of civil justice. A court may make an incorrect decision because it has misunderstood the law, applied the wrong legal test, reached a conclusion unsupported by the evidence Read more

Mediation, Arbitration, and Alternative Dispute Resolution in England and Wales Introduction Civil disputes do not always need to be resolved through a full court hearing. Litigation can be expensive, time-consuming and emotionally demanding, particularly where the parties have an ongoing commercial, professional, family or contractual relationship. Even when a claimant Read more

Costs in Civil Litigation: The General Rule, Fixed Recoverable Costs, and Costs Management Introduction The costs of civil litigation are among the most important practical considerations in the legal system of England and Wales. Bringing or defending a civil claim involves more than establishing legal rights and presenting evidence. Parties Read more

Summary Judgment and Strike-Out: Resolving Claims Without a Full Trial Introduction Civil litigation in England and Wales does not always have to proceed to a full trial. Although a trial is the traditional method through which courts resolve disputed claims, the Civil Procedure Rules provide mechanisms that allow proceedings, or Read more

Disclosure and Inspection of Documents: The Modern Civil Evidence Process Introduction Disclosure and inspection of documents are fundamental stages of civil litigation in England and Wales. They enable parties to obtain access to documentary evidence relevant to the dispute, understand the factual and evidential basis of their opponent’s case, and Read more

Interim Applications and Injunctions: Freezing Orders, Search Orders, and Urgent Relief Introduction Civil litigation does not always allow parties to wait until the final judgment before seeking judicial intervention. In some disputes, the passage of time can fundamentally undermine the effectiveness of the proceedings. A defendant may be preparing to Read more

Statements of Case, Defence, and Counterclaims in Civil Proceedings Introduction Once a civil claim has been issued and served, the proceedings enter a stage in which the parties formally define their respective positions. The claimant has set out the factual and legal basis of the claim in the particulars of Read more

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