Litigation

Litigation Solicitors

Disputes over contracts, unpaid money or business deals sometimes cannot be settled by agreement. This guide sets out how civil litigation works in England and Wales and what a litigation solicitor does in England and Wales.

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Overview

What this area covers

Litigation means resolving a dispute through the civil courts. It covers disagreements between individuals, businesses and organisations, most commonly about contracts, money, property and services. Criminal cases are separate.

Courts expect parties to try to settle first. Pre-action protocols set out the steps to take before issuing a claim, and failing to follow them can have costs consequences.

Common situations

When you may need a litigation solicitor

Someone owes you money and has not responded to requests.
You have received a letter before claim or court papers.
A business partner or supplier has breached a contract.
You need urgent court action to stop something happening.

The solicitor’s role

How a litigation solicitor can help

A litigation solicitor assesses merits and risk, sends or responds to pre-action letters, explores settlement, and runs the proceedings, including evidence, disclosure and instructing barristers. They also advise on the costs risk, because the losing party is generally ordered to pay a share of the winner’s costs.

The process

How a civil claim usually progresses

1
Letter before claim
The claimant sets out the claim and gives time to respond, as pre-action protocols require.
2
Issue and defence
If unresolved, the claim is issued and the defendant files a defence.
3
Allocation
The court allocates the case to a track depending largely on its value and complexity.
4
Evidence and trial
Documents, witness and expert evidence are exchanged before trial. Many cases settle along the way.

Costs

What does a litigation solicitor cost?

Litigation is usually charged hourly, although conditional fee agreements, damages-based agreements and litigation funding are sometimes available. Smaller claims in the small claims track have limited recoverable costs.

Getting ready

What to prepare before contacting a solicitor

The contract or agreement
Invoices and payment records
All correspondence
A timeline of events
Any court documents, with deadlines noted

Choosing a solicitor

Consider experience of disputes of your size and type, and ask for a realistic view of costs against the likely recovery.

Every firm listed on Verified Solicitors is regulated by the Solicitors Regulation Authority. You can compare firms’ profiles, locations and reviews before getting in touch.

Find litigation solicitors

Search Verified Solicitors for SRA-regulated firms that handle litigation matters, then compare their profiles.

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A common question

What if I receive court papers?

Deadlines to respond are short and missing them can lead to judgment being entered against you. Seek advice straight away.

Related legal services

The information on this page is general information, not legal advice. The law and procedures can change and how they apply will depend on your circumstances.