From dispute to resolution
Every dispute is different, but most civil and commercial claims follow a structured legal process. Below is an overview of the typical journey from the initial dispute to the final resolution.
Dispute arises
A legal dispute arises between two or more parties. Examples include:
Legal letter
The first formal step is usually a legal letter sent on behalf of the client, which sets out the legal position, explains the client’s claim, and requests that the matter be resolved within a specified timeframe.
Judicial letter
If the dispute remains unresolved, a judicial letter may be filed to formally assert the claim and interrupt any applicable prescription periods where appropriate. This often encourages further negotiations before litigation becomes necessary.
Where possible, we encourage negotiated settlements that protect our clients’ interests while avoiding lengthy litigation. A settlement may involve payment of the claim, revised contractual obligations, negotiated terms or mediation.
The matter concludes.
If settlement is not possible, court proceedings may become necessary. The stages that follow set out how a case then proceeds.
Precautionary warrants, where appropriate
Before commencing proceedings, it may be necessary to obtain a precautionary warrant to safeguard the client’s rights. Depending on the circumstances, this may include:
These measures are intended to preserve the client’s interests pending the outcome of the case.
Filing the lawsuit
Proceedings are formally instituted before the competent court. Once filed, the litigation progresses through the procedural stages set out below.
The Litigation Process
The Claim
The plaintiff files the claim setting out the facts, the legal basis of the claim, and the remedies sought.
The Defence
The defendant files a reply responding to the allegations.
Preliminary pleas
The court considers any preliminary legal objections before proceeding to the merits of the case.
Plaintiff’s evidence
The plaintiff presents evidence: witness testimony, documentary evidence, expert reports and other admissible evidence.
Defendant’s evidence
The defendant presents evidence in support of their defence: witness testimony, documentary evidence, expert reports and other admissible evidence.
Cross-examination
Witnesses produced by each party may be cross-examined by the opposing party to test the reliability and accuracy of their evidence.
Written and/or oral submissions
The parties present their final legal arguments, summarising the evidence and the applicable law. Depending on how the Court wishes to proceed, submissions may be made in writing, orally before the Court, or both.
Judgment
The court delivers its decision, determining liability, damages where applicable, and costs.
Appeal
If either party believes the judgment is legally or factually incorrect, an appeal may be filed before the Court of Appeal within the applicable time limits, where the appellate court reviews the case and issues its own judgment, which may confirm, vary, or overturn the original judgment.
Enforcement
Once a final judgment has become res judicata, meaning that it is no longer open to appeal, the successful party may take the necessary steps to enforce the judgment. Depending on the nature of the judgment, enforcement may involve requesting the appropriate executive warrant or other enforcement measure to secure compliance with the court’s decision.
Every case is different
While this timeline reflects the general litigation process, every dispute is unique. The procedure, duration and available remedies depend on the nature of the case and the applicable law.