Litigation, Dispute Resolution and Claims

The England and Wales litigation system was radically reformed and modernised in 1999 so as to make it speedier, more user friendly and cost efficient. The procedures for Court claims and proceedings were revised so as to involve the Court and Court Offices in actively managing the litigation process.

 

There are useful options in relation to the funding of court cases. It is possible to enter conditional fee agreements and to procure insurance against defence costs.

 

There are a number of orders which Courts issue as part of the pre-trial litigation process in order to assist the parties in assessing the relative strength and weaknesses of each party's case. Orders for discovery of each side’s documents issue on a largely automatic basis. It is possible to apply to Court for certain orders such as injunctions, freezing orders and search orders to assist the process of obtaining information and evidence.

 

The Court Rules endeavour to ensure an efficient trial and hearing of disputes without unnecessary or disproportionate complication or expense. The evidence rules have been reformed over the last 40 years to remove older anomalies and take a more pragmatic position on what is good proof of a claim.

 

There is a modern system for the enforcement of Court orders which is largely managed by the Court offices.

 

European Union legislation has been significant in determining which Courts can or may hear disputes with a cross border element. European Union legislation allows for English and Wales judgements to be enforced directly in Ireland.

 

The High Courts and the County Courts are the main courts which deal with private claims and disputes. There are a number of specialist courts, including the Commercial Courts which have expertise in particular types of dispute.

There are speedy procedures available to obtain court orders for the collection of debts in undisputed cases, without the need for a formal Court hearing.

 

Claims for compensation for personal injuries or damage as a result of third party negligence are still fully heard by the Courts in England and Wales. There is no equivalent of the The Injuries Board in England and Wales.

 

Alternative dispute resolution mechanisms are encouraged under the 1999 reforms. So called “ADR” refers to various methods of resolving disputes without resort to Court.

 

Arbitration is another very well established mechanism of dispute resolution outside of the court system. London is an established arbitration centre.