litigation

Litigation is a court based dispute resolution process, characterised by preparation of formal pleadings by the parties to the litigation (called 'particulars of claim', 'defence', and 'counterclaim' amongst other court documents), production of evidence (expert evidence or evidence of fact), and the trial before a judge.

In England, when a person commences litigation under Part 7 of the Civil Procedure Rules, the claimant files and serves particulars of claim which sets out the facts (and sometimes the law) which underlie the cause of action relied upon by the claimant making the claim. The particulars of claim also set out the relief or remedies sought by the claimant in the legal proceedings, for instance, an injunction, an award of damages, an account of profits, an order for delivery up, a declaration, amongst others.

After the pre-trial procedures have taken place, such as disclosure and preparation of expert and lay evidence, the dispute is heard by a judge sitting alone, without a jury - this is the trial. The judge hears the arguments and supporting evidence submitted by both the claimant and the defendant (and other parties, where applicable) and thereafter determines all issues of fact and law in dispute, and enters judgment in favour of either the claimant or defendant. The Court may make its judgment at the end of the trial, or reserve its judgment and hand it down at a later date.

The Civil Procedure Rules provides an alternative form of proceedings to Part 7 proceedings in England. Part 8 of the Rules is essentially designed to allow litigants to approach the court for relief where there is no substantial dispute in respect to the facts.  Litigants may wish to obtain an answer to a question of law or obtain a declaration of the rights of the parties.  The proceedings take an abridged form, and tend to be conducted more quickly than litigation commenced under Part 7 and with less expense.

Usage: The litigation alleging breach of contract and copyright infringement was commenced in the Chancery Division of the High Court in London.

Related Words: claim form; claimant; defendant; overriding objective; pleadings.