Beginner’s Guide to the Litigation Process in England & Wales
Litigation can feel daunting if you have never been involved in a court claim before. In England and Wales, civil cases follow a structured process designed to help the parties understand the dispute, exchange information, and try to resolve matters fairly. This guide explains the typical stages in simple terms, from the first formal letter through to trial, and gives an overview of likely costs and timescales.
The litigation process: step by step
- Letter before action and pre-action steps
Before court proceedings are started, the parties are usually expected to follow the relevant pre-action protocol, or the general Practice Direction on Pre-Action Conduct if no specific protocol applies. This often begins with a letter before action (sometimes called a letter of claim), which sets out the background, the legal basis of the claim, what remedy is sought, and when a response is required. The aim is to exchange enough information to understand each side’s position, encourage settlement, and avoid unnecessary court proceedings where possible. - Response and efforts to settle
The defendant should respond within the timeframe set by the applicable protocol or the letter itself. In some types of claims, this can be relatively short; in others, especially more complex disputes, it may be longer. During this stage the parties may exchange documents, clarify the issues, and consider settlement options such as negotiation or mediation. Court is generally treated as a last resort, and unreasonable refusal to engage in alternative dispute resolution can have costs consequences later. - Issuing the claim
If the dispute does not settle, the claimant may start proceedings by issuing a claim form at court. The claim form gives basic details of the case, and it is usually accompanied by or followed by particulars of claim, which explain the factual and legal basis of the case in more detail. Court fees are payable when a claim is issued, and the amount depends on the value and type of claim. - Service and the defendant’s response
Once issued, the claim must be formally served on the defendant. The defendant then has a limited time to respond. The defendant may admit the claim, defend it, or file an acknowledgement of service to obtain more time to file a defence. If the defendant does not respond in time, the claimant may be able to request default judgment. This means the court can enter judgment early because the defendant has not replied, rather than after deciding the case at a full hearing. - Allocation to track and case management
Once statements of case have been exchanged, the court will usually allocate the matter to a procedural track. In broad terms, small claims usually cover lower-value, simpler disputes up to £10,000; the fast-track deals with claims up to £25,000; the intermediate track generally covers slightly more complex claims than fast track valued between £25,000 and £100,000; and more complex or higher-value claims which exceed £100,000 are usually dealt with on the multi-track. The track affects the timetable, the level of court management, and the rules on recoverable costs. - Disclosure, witness statements, and expert evidence
Before trial, the court will usually direct the parties to exchange key evidence. This may include disclosure of relevant documents, witness statements, and, where permitted, expert evidence. The exact steps depend on the type of case and the track. This stage is often one of the most important parts of the process, because it is where the strengths and weaknesses of each side’s case often become clearer. - Trial and judgment
If the matter has not settled, it will proceed to trial. At trial, the judge hears the evidence and legal arguments before deciding the outcome. In civil claims, the court usually decides the case on the balance of probabilities. After judgment, the court may decide who should pay the legal costs, although the position on costs depends heavily on the track, the conduct of the parties, and any settlement offers that were made along the way, which is why parties are always encouraged to settle early.
Costs and timelines
Costs
A common starting point in civil litigation is that the losing party may be ordered to pay a contribution towards the winning party’s legal costs. However, that is only the starting point. The court has discretion, and the amount actually recoverable may be lower than the amount actually spent. In the small claims track, recovery of legal costs is usually very limited. In the fast track and intermediate track, many cases are now subject to fixed recoverable costs, which are set amounts linked to the stage and complexity of the case. In multi-track cases, costs are more likely to be assessed in detail and can be substantial.
Timelines
There is no single timetable for every dispute, but straightforward cases may settle within a few weeks or months at the pre-action stage. If proceedings are issued, a relatively simple claim may still take many months to reach trial, while more complex cases can take a year or longer. Delays can arise because of court timetables, contested applications, the need for expert evidence, or difficulties in agreeing directions. It is also important to remember that limitation periods continue to matter, so parties should seek advice early rather than waiting until negotiations have stalled.
Practical points for clients
- Keep relevant documents, emails, contracts, invoices, and notes in a safe place from the outset.
- Do not ignore a letter before action or court documents, even if you disagree with the claim.
- Consider whether settlement may be preferable to the cost and uncertainty of trial.
- Ask early about likely costs, funding arrangements, and whether fixed recoverable costs may apply.
- Be realistic about timing: even well-managed litigation rarely moves overnight.
While every dispute is different, the litigation process in England and Wales follows a recognisable structure. Understanding the stages in advance can help businesses and individuals make informed decisions, manage risk, and approach disputes more confidently. Early legal advice can also make a significant difference, whether the aim is to settle quickly or prepare a case for court.
Written by Ella Small