Civil Litigation

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Civil litigation covers disputes between individuals, businesses, landlords, tenants, professionals and organisations. These disputes may involve money, contracts, property, negligence, debts, enforcement, injunctions or other civil claims. Our barristers may be able to assist Direct Access clients with advice, drafting and representation in suitable civil litigation cases. This page provides general information only and is designed to help you understand what support may be available. Civil claims are governed by the Civil Procedure Rules, which set out the procedure for bringing and defending civil claims in the County Court, High Court and Court of Appeal. 

 

How can we help?

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I want to bring a civil claim

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You may be considering a civil claim because someone owes you money, has broken an agreement, caused loss, damaged property, or failed to do something they were required to do. This may include disputes about:

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• Unpaid debts;

• Breach of contract;

• Poor workmanship or services;

• Property damage;

• Professional negligence;

• Landlord and tenant disputes;

• Boundary or neighbour disputes;

• Consumer disputes;

• Business disputes;

• Injunctions or urgent remedies.

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A barrister may be able to advise you on whether your claim has reasonable prospects, what evidence you may need, how much your claim may be worth, and what steps should be taken before proceedings are issued. GOV.UK explains that you can apply to the County Court to claim money owed by a person or business, and that claims may be made online or by post depending on the circumstances. 

 

I have received a claim or court papers

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Receiving a claim form, particulars of claim, application notice or hearing notice can be stressful, particularly where there are deadlines to respond. This may include:

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• A claim for money;

• A debt claim;

• A possession claim;

• A business or contract dispute;

• An application for an injunction;

• An application for summary judgment;

• An application to set aside judgment;

• Enforcement action;

• A costs dispute.

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It is important not to ignore court papers. There may be strict deadlines for acknowledging service, filing a defence, responding to an application, or complying with court directions.

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A barrister may be able to advise you on the strengths and weaknesses of the claim, advise on settlement, or represent you at a hearing.

 

I have been asked to attend court

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Civil hearings can vary depending on the type and value of the case. You may have been asked to attend a small claims hearing, interim application, case management hearing, possession hearing, injunction hearing, trial or costs hearing.

Before contacting chambers, it may help to have:

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• The claim form and particulars of claim;

• Any defence or response;

• The court order or hearing notice;

• Witness statements;

• Key emails, letters, photographs or documents;

• Any expert evidence or reports;

• A short timeline of events;

• Details of any settlement offers;

• A note of what you want the court to decide.

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A barrister can help you understand and speak on your behalf at court.

 

I want to resolve the dispute without a trial

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Not every civil dispute needs to reach a final hearing. In many cases, early advice can help you understand your position and consider whether the dispute can be resolved by agreement.

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This may include:

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• Negotiation;

• Mediation;

• Settlement offers;

• Without prejudice discussions;

• Part 36 offers;

• Payment plans;

• Narrowing the issues;

• Consent orders.

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A barrister may be able to advise on whether a settlement offer is reasonable, help identify the risks of continuing. GOV.UK notes that mediation may be quicker and cheaper than going to court in money claims. 

 

Frequently Asked Questions

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What is a civil claim?

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A civil claim is a legal dispute between parties, usually about money, property, contractual obligations, negligence, possession, enforcement or another private law issue.

Unlike criminal proceedings, civil litigation is usually about resolving a dispute between parties rather than punishment by the state.

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What is the small claims track?

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The small claims track is usually used for lower-value and less complex civil claims. It is designed to be more accessible, but it can still be stressful and important to prepare properly.

A barrister may be able to advise before the hearing, help you prepare your evidence, or represent you at the final hearing where appropriate.

Citizens Advice provides guidance on small claims, including deciding whether to bring a claim, making a claim and attending a hearing. 

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What is a defence?

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A defence is the formal document setting out why you dispute the claim against you. It should respond to the allegations made and explain which parts are admitted, denied, or require further information.

It is important that a defence is filed within the required deadline. If a party does not respond to a claim in time, the other side may be able to request judgment in default.

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What is an interim application?

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An interim application is an application made before the final hearing. It may deal with issues such as disclosure, evidence, strike out, summary judgment, relief from sanctions, adjournments, unless orders or other procedural matters.

A barrister may be able to advise on whether an application should be made or opposed, draft the application or evidence, and represent you at the hearing.

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What happens if I lose?

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The consequences of losing depend on the type of case and the court’s order. You may be ordered to pay money, comply with an injunction, give possession of property, or pay some or all of the other party’s costs.

Costs can be a significant issue in civil litigation. You should seek advice about costs risks before starting or defending proceedings.

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Can I settle after proceedings have started?

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Yes. Civil claims can often settle at any stage, including after proceedings have been issued. Settlement can sometimes avoid further cost, delay and uncertainty.

A barrister may be able to advise on settlement offers, draft or review terms of settlement, and help you understand the risks of continuing to trial.

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Helpful links

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Court and legal process

GOV.UK — Make a court claim for money
General guidance on bringing a money claim in the County Court. 

Civil Procedure Rules
The rules and practice directions governing civil claims in England and Wales. 

GOV.UK — Civil Procedure Rules court forms
Official civil court forms, with references to the relevant CPR rules and practice directions. 

Citizens Advice — Small claims
Guidance on bringing and responding to small claims. 

 

Contact our clerks

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Every civil dispute is different. If you require advice about your own circumstances, please contact our clerks to discuss whether your matter may be suitable for Direct Access.

It is helpful to include any upcoming hearing date, copies of relevant court documents, and a short summary of the dispute.