Navigating the Path Forward: Key Steps After Starting a Civil Claim in the UK

For many Litigants in Person (LiPs) and even some legal professionals, the journey through the UK civil justice system can seem daunting. While issuing a claim is a significant step, it’s just the beginning of a complex process. This article aims to demystify the key stages that follow after starting a civil claim, providing a roadmap for navigating this challenging terrain.

Allocation: Setting the Course

Once a claim has been issued, the court must decide which ‘track’ the case will follow. This process, known as allocation, determines how the case will be managed moving forward. The court’s allocation decision is based on factors such as the value of the claim, its complexity, and the amount of evidence likely to be needed​.

As of October 2023, the UK civil court system has four tracks:

1. Small claims track: For straightforward claims valued up to £10,000.
2. Fast track: For claims between £10,000 and £25,000.
3. Intermediate track: Recently introduced, this track covers claims valued between £25,000 and £100,000, offering a simpler process for moderately complex cases​.
4. Multi-track: For complex cases or claims exceeding £100,000​.

After a claim is defended, both parties will receive a notice of proposed allocation and will need to complete a Directions Questionnaire. This helps the court allocate the case appropriately and plan the next steps​.

Directions: The Court’s Roadmap

Following allocation, the court issues directions. These are instructions outlining the key steps both parties must take to prepare the case for trial. Directions typically include:

• Disclosure of evidence: Sharing relevant documents with the other party.
• Exchange of witness statements: Providing written testimonies that will be used during the trial.
• Expert reports: In more complex cases, expert evidence may be required.

In straightforward cases, the directions may be issued without a hearing. However, for more complex cases, a Case Management Conference (CMC) might be necessary. During this hearing, the judge may narrow down issues, confirm that parties are complying with the directions, and set a trial timetable​.

It’s essential to follow these directions carefully and in the specified sequence, as failure to comply can result in penalties, such as the striking out of a claim or defence.

Disclosure and Inspection: Laying the Cards on the Table

Disclosure is a fundamental part of the civil litigation process, requiring parties to share all relevant documents, including those that may weaken their case. The process differs depending on the case’s track:

• Small claims track: Parties usually exchange copies of all relevant documents directly.
• Fast track and multi-track cases: Parties must complete Form N265 (list of documents) and allow the other party to inspect the listed documents​.

Certain documents, such as legal advice, are protected by legal privilege and do not need to be disclosed. However, disclosure is an ongoing obligation—if new documents become relevant after the initial disclosure, they must be shared with the other party. Failure to provide full disclosure can lead to legal consequences, including costs penalties​.

Pre-Trial Checklist: Final Preparations

As the trial date approaches, both parties may need to complete a pre-trial checklist, also known as a listing questionnaire. This document is required for fast track and multi-track cases and provides the court with key information such as:

• Any remaining tasks that need to be completed before trial.
• The number of witnesses expected to testify.
• Agreements on expert evidence.
• Whether each party will be represented at trial.
• The estimated duration of the trial​.

Fast track cases typically last one day or less, while small claims hearings are often scheduled for 1-2 hours​.

Dealing with Non-Compliance: When Things Go Off Track

If the other party fails to comply with court directions, it’s important to take action promptly. Here’s what you can do:

1. Try informal communication first: A simple reminder or request for clarification may resolve the issue.
2. Keep records: Document all attempts to resolve the situation.
3. Apply for an ‘unless’ order: If informal efforts fail, consider applying for an unless order. This is a court order requiring the other party to comply by a specific deadline or face penalties, such as having their claim or defence struck out​.

If you’re struggling to comply with directions yourself, you should try to reach an agreement with the other party. If that’s not possible, you can apply to the court for a variation of the directions​.

Additional Considerations

As you navigate the litigation process, here are some useful tips to stay organised and proactive:

• Prepare a chronology of events to help structure your case.
• Clearly identify the points in dispute to focus your arguments.
• Keep track of all court deadlines and timetables.
• Consider settlement options throughout the case to avoid unnecessary costs.
• Organise all documents chronologically for easier access during trial.
• Seek legal advice for complex issues—consider using the Bar Council’s Direct Access Portal to find a barrister if necessary​.

Recent Developments in UK Civil Procedure

The UK civil justice system is continually evolving. A significant recent development is the introduction of the intermediate track in October 2023, designed to handle monetary claims between £25,000 and £100,000​. This track simplifies the procedure for cases of moderate complexity, providing a more efficient route than the multi-track.

In terms of case law, the Griffiths v TUI UK Ltd [2023] UKSC 48 ruling has clarified the handling of expert evidence, stressing the importance of ensuring expert testimony is based on sound scientific principles. This decision emphasises the need for robust expert reports in multi-track cases​.

Additionally, the Civil Justice Council is reviewing pre-action protocols, with potential reforms aimed at streamlining the litigation process and encouraging earlier resolution of disputes.

Conclusion

Navigating the steps after starting a civil claim can be challenging, but with the right preparation and understanding of the process, it’s manageable. By following court directions, maintaining open communication, and staying organised, you can move your case efficiently towards resolution.

While this guide provides a general overview, every case is unique. If you’re unsure about any aspect of the process, don’t hesitate to consult a legal professional. The path through civil litigation may be complex, but with the proper knowledge, it can be successfully navigated.

#UKLaw #CivilLitigation #LegalTech #DisputeResolution #AccessToJustice #LitigantsInPerson

References

www.citizensadvice.org.uk

[2] Citizens Advice, 'Making a small claim' (2024)

Find out what to do before you start a small claim, how to start one and what it involves.

www.barcouncil.org.uk

[4] The Bar Council, Direct Access Portal

Search for a barrister to instruct directly on the publicly accessible online portal.

Public Interest Statement:

This article aims to provide a clear and accessible guide for individuals navigating the civil justice system in the UK, particularly those acting as Litigants in Person (LiPs). It breaks down the essential steps involved in pursuing a civil claim, from filing the claim to preparing for trial, with a focus on promoting access to justice. By understanding the processes outlined in the Civil Procedure Rules (CPR), individuals can better prepare their cases and engage with the legal system effectively. This guide seeks to empower individuals to manage their legal matters while ensuring transparency in the court process.

Disclaimer:

This article provides general information only and is intended for educational purposes. It does not constitute legal advice, nor is it a substitute for consultation with a qualified legal professional. While every effort has been made to ensure the accuracy of the information, laws and legal procedures may change over time, and specific legal matters require professional attention. If you are involved in a legal dispute or require guidance tailored to your situation, please consult a solicitor or another qualified legal advisor.