Disputes

There are 2 types of litigation, Criminal and Civil.

Criminal are police matters, like driving offences, assault and insider trading offences.

Civil means a wrong-doing or claiming of rights between persons.

STAGES OF CIVIL LITIGATION

There are 4 main Stages:

  • Receiving a summons or defending the action;
  • Finding how the other side will prove or dis-prove their claim or defence;
  • Mediation;
  • Hearing in a court or Tribunal.

Most cases are settled before court saving the parties time and money.

Stage 2 is about getting enough evidence to win the case or whether there is evidence that you could lose the case. It is irrelevant to what extent you know that you are in the right. Cases are often won and lost at this stage 2. Sufficient evidence would be required for each element of the claim.

Stages 3 & 4 show the strength of a party’s evidence: the better the evidence, the better will be the outcome at mediation or court. So, if the evidence presented at mediation is so overwhelming, this will often induce a settlement of the case at that stage.