Disputes can arise in all areas of life — from business contracts and unpaid invoices to property disagreements and professional negligence. When these issues can’t be resolved informally, civil litigation may be your next step.
But what does civil litigation really mean? And how do you know when it’s the right time to take legal action?
In this blog, we explain what civil litigation in the UK involves, the types of cases it covers, and when to seek advice from a civil law solicitor.
What Is Civil Litigation?
Civil litigation involves legal action taken to settle conflicts between people, companies, or other entities outside of the criminal justice system. The goal is not to punish wrongdoing, but to resolve a conflict, enforce rights, or seek compensation for a loss.
It is handled in civil courts, where one party (the claimant) sues another (the defendant) for remedies such as:
- Financial damages
- Specific performance (forcing someone to fulfil a contract)
- Injunctions (court orders to stop or prevent something)
- Declarations (clarifying legal rights)
Common Types of Civil Litigation Cases
Civil cases can involve a variety of legal issues, including:
Each type has its own rules and procedures, but the overall process of civil litigation remains broadly the same.
What Happens During Civil Litigation?
Let’s break down how the civil litigation process typically works in the UK.
When Should You Consider Civil Litigation?
Taking someone to court is a serious step. It’s important to understand when it’s appropriate to pursue litigation:
1. You’ve Suffered a Loss, and the Other Side Won’t Compensate You
If you’ve experienced financial loss, property damage, or emotional distress due to someone else’s actions and they refuse to put things right, litigation may be the only path to justice.
Examples:
- A builder takes payment but doesn’t complete the work
- A customer refuses to pay for services rendered
- A neighbour causes damage to your property and ignores your requests to repair it
2. You’ve Tried Informal Resolution Without Success
The courts expect parties to try resolving disputes outside of court first. If letters, phone calls, and even mediation haven’t worked, then starting formal legal proceedings becomes justified.
Your solicitor can help you draft a formal Letter Before Action, giving the other party one last chance to resolve the matter.
3. There’s a Legal Deadline You Can’t Miss
There are time limits for bringing civil claims, known as limitation periods:
- Contract disputes: 6 years
- Personal injury: 3 years
- Defamation: 1 year
Missing the limitation deadline could prevent you from taking legal action entirely. Speak to a dispute resolution solicitor as soon as possible to avoid missing critical deadlines.
4. You Need a Court Order to Enforce Your Rights
Sometimes you’re not just seeking money—you may need a court order to stop harmful behaviour or protect your legal interests.
Examples:
- Stopping a competitor from using your trademark
- Forcing a tenant to vacate your property
- Freezing a bank account to stop the dissipation of funds
Only the court can issue these legally binding orders, making litigation essential in such scenarios.
Do You Need a Civil Law Solicitor?
While you can represent yourself in civil cases, having an experienced civil litigation solicitor improves your chances of success and reduces risk. A solicitor can:
- Determine if your claim has legal merit and is likely to succeed.
- Help you comply with pre-action protocols
- Prepare documents and statements professionally
- Represent you in court and negotiate settlements
- Advise on costs, risks, and likely outcomes
Legal disputes are complex, and one mistake in paperwork or procedure can jeopardise your case.
What Are the Costs Involved?
– Civil litigation can involve:
- Court fees
- Legal representation fees
- Expert reports, if needed
– There are cost-effective options to help make legal action more affordable:
- Fixed-fee services for certain types of cases
- No win, no fee agreements
- In many cases, the court may require the other side to pay your costs if you prevail.
Always discuss costs with your solicitor upfront so you can make informed decisions.
Alternatives to Litigation
Before going to court, consider other options:
- Through mediation, both sides can explore solutions in a structured but informal setting.
- In arbitration, an independent arbitrator hears the case privately and issues a final ruling.
- Ombudsman services: for complaints against businesses or services
A solicitor can assess whether alternative dispute resolution methods like mediation are more suitable and cost-effective.
Conclusion
In the UK, civil litigation provides a formal route to resolve disputes between individuals or organisations. While going to court may feel daunting, it often provides the clarity, enforcement, and resolution that informal efforts cannot.
When you’re unsure how to handle a legal dispute, getting advice from a solicitor is the best place to start. At Westwing Solicitors, our experienced litigation team will help you assess your options, build a strong case, and protect your interests — whether that’s in or out of court.
FAQs: Civil Litigation in the UK
Q1: Is civil litigation the same as suing someone?
Q2: What court handles civil cases in the UK?
Q3: How long does a civil case take?
Q4: Can I start a civil claim online?
Q5: Will I have to go to court?
