Civil Litigation and Dispute Resolution Procedures
Civil Litigation and Dispute Resolution Procedures
This domain examines how a civil claim moves from pre-action through pleadings, discovery, trial, appeal and enforcement, with attention to time limits and ADR.
Commencing proceedings
- Check the statutory time limit first: contract generally six years; tort generally two years; personal injuries two years and PIAB procedures apply.
- Choose the correct court and originating document: District Civil Summons, Circuit Civil Summons, or High Court Plenary/Summary Summons. Summary summons is for liquidated claims.
- Pleadings define the issues: statement of claim, defence, counterclaim, reply and particulars. A party may join third parties.
Interlocutory steps
Discovery requires relevance and proportionality; it is not automatic. Interrogatories, notices to produce and motions for judgment or security for costs may follow. Case management is common in the Commercial Court.
Trial, costs and enforcement
The loser generally pays costs, subject to Calderbank offers and the court discretion. Enforcement options include execution against goods, judgment mortgage, garnishee, instalment orders and committal. Appeals from the District Court to the Circuit Court are de novo; High Court appeals go to the Court of Appeal.
ADR
Mediation under the Mediation Act 2017 is voluntary and confidential; arbitration under the Arbitration Act 2010 follows the UNCITRAL Model Law. Parties may be penalised in costs for refusing reasonable ADR.
Worked example
A plaintiff is injured in a fall and issues a High Court summons 25 months after the accident. The claim is statute-barred unless a recognised extension applies; issuing proceedings does not cure an expired limitation period.
Traps
Do not issue in the wrong court to save time. Discovery is not a fishing expedition. Without-prejudice offers must be genuinely settlement-directed to attract costs protection.