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Civil Litigation
 
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Q. Is it worthwhile going to court?
 
A. The court system offers a fast and effective means of deciding disputes and offering redress to the successful party. A final order will be obtained which, unless the successful party meets the terms of the order, can be enforced. Legal costs can also be claimed against the unsuccessful party in all but small-claims cases.

However, remember that going to court should be seen as the last resort when communication with the other side has broken down and proposals for settlement and referral to arbitration have been rejected. If you are contemplating court action we would recommend that you first obtain advice and assistance from a solicitor.

 
Q. How is a claim dealt with by the court?
 
A. Before considering legal action contact solicitors for advice before proceeding with your claim. They will advise you whether to pursue the claim through either the County Court or High Court.

County courts deal with matters which involve a financial claim of up to a value of £25,000. A case of more than £50,000 will be dealt with in the High Court and cases valued between £25,000 and £50,000 can be dealt with in either court.

Once deciding which court to pursue your claim in, a claim is sent to the respective court. Once received by the court the claim is then sent to the defendant and he has 14 days from the date of service to respond. If no response is received then you can request that judgement is entered in your favour. The judgement is then registered as a County Court Judgement (CCJ) against the defendant. The court will contact the defendant informing them of this and request immediate payment, however, recovery of the debt is your responsibility not the courts. If the defendant responds by entering a defence then the court will allocate your case to either the Smallclaims Track, the Fasttrack or Multitrack, depending on the value of your claim.

 
Q. What is Track Allocation?
 
A. When a case is issued and a response received, the court will allocate the case to one of three tracks - fast, small-claims and multi-track.

The fast track system gives a standard framework of how the case will proceed with final hearings usually 30 weeks from when the claim was filed.

Mutitrack cases are those which are more complicated than normal, and the court will get more involved in how the case is progressed.

The small-claims track is a less formal means to resolve disputes than using the full court system. This track is a form of arbitration where cases can be decided. The system is such that individuals can bring cases and defend them in person. He procedure is fast, efficient and cost effective.

 
Q. I have obtained a judgment; will the defendant now pay me?
 
A. If the defendant to your claim fails to comply with the court judgment there are several options open to you which include a judgment from the court which is simply written notification that your case has been concluded in your favour. If the defendent does not pay under the terms of the order then you will need to enforce the judgment.
 
Q. What is enforcement?
 
A. If the other side has ignored the order of the court and won't pay if you believe they can, then you can enforce the order using one of several means, namely:

  • Warrant of Execution - An application is made to the court for a bailiff from the court to seek to enforce the judgement of your behalf.
  • Charging Order - As a creditor you can secure your money judgement against the debtor's property and apply for an order to sell that property.
  • Attachment of Earning - The court is requested to make an order that the debtor's employers must make regular deductions from the debtor's wages. The amount of money to be regularly repaid is determined by the court.
  • Garnishee - The debtor's bank or building society is contacted and the account is frozen. A request is made to the court that any funds in the account should be frozen and paid directly to you as creditor.
 
Q. How do I decide whether to enforce the judgement?
 
A. You must decide whether the defendant has sufficient financial means to pay you. If the defendant is a limited company, check its financial status a Companies House. You can also check its financial status at credit reference agencies to see if the defendant has any other outstanding CCJs.
 
 
  If you have any further questions please call us on 0115 878 9000