Civil Litigation Steps Under the CPR

Introduction

Civil litigation in England and Wales is governed by the Civil Procedure Rules (CPR) , which came into effect on 26 April 1999 following the recommendations of the Woolf Review. The CPR introduced a unified procedural code designed to ensure that cases are dealt with justly and at proportionate cost. The overriding objective of the CPR (Part 1) requires the court to deal with cases justly, including ensuring that the parties are on an equal footing, saving expense, dealing with cases proportionately, and allocating resources appropriately.

Pre-Action Protocols

The CPR requires parties to follow pre-action protocols before commencing proceedings. The protocols set out the steps that the parties should take to exchange information and to explore the possibility of settlement without litigation. The Practice Direction on Pre-Action Conduct applies where no specific protocol exists.

The pre-action protocol process typically requires: the claimant to send a letter of claim setting out the basis of the claim and the remedy sought; the defendant to respond within a specified period; the parties to exchange relevant documents; and the parties to consider alternative dispute resolution.

Statements of Case

Proceedings are commenced by issuing a claim form (Form N1) and particulars of claim setting out the basis of the claim. The defendant must respond by filing an acknowledgment of service and, if they wish to defend, a defence. The claimant may reply with a reply to the defence, and the court may direct the parties to file any further information required.

The statements of case define the issues in dispute and identify the facts on which each party relies. The court may order summary judgment where a party has no real prospect of succeeding or defending the claim, and there is no other compelling reason for a trial.

Case Management

Case management is a central feature of the CPR. The court actively manages cases to ensure efficient progression. At the case management conference (CMC) , the court gives directions for the conduct of the case, including disclosure, witness statements, and expert evidence.

The CPR allocates cases to one of three tracks: the small claims track (for claims under £10,000, with simplified procedures and limited costs recovery); the fast track (for claims between £10,000 and £25,000, with a standard timetable of up to 30 weeks to trial); and the multi-track (for claims over £25,000 or complex cases, with individualised case management by the court).

Disclosure

Part 31 of the CPR governs disclosure of documents. The parties must disclose documents on which they rely, documents that adversely affect their own case, documents that adversely affect another party’s case, and documents that support another party’s case. The standard disclosure obligation requires a reasonable search for documents.

The court may order specific disclosure where a party has failed to disclose relevant documents, or may order pre-action disclosure to enable a prospective claimant to decide whether to bring proceedings.

Trial and Judgment

The trial is the final hearing at which the court determines the issues in dispute. At trial: the claimant opens the case; the claimant calls evidence (witnesses of fact and experts); the defendant calls evidence; the parties make closing submissions; and the court delivers judgment.

The court may deliver judgment immediately after the trial or may reserve judgment to a later date. The judgment must give reasons for the decision and must address the issues in dispute.

Enforcement

A judgment creditor who has obtained a judgment but has not been paid may enforce the judgment through: a writ of control (enabling bailiffs to seize goods); a third-party debt order (requiring a third party who owes money to the judgment debtor to pay the judgment creditor); a charging order (charging the judgment debtor’s land or securities); an attachment of earnings order (requiring the judgment debtor’s employer to deduct payments from earnings); or insolvency proceedings (bankruptcy or winding up).

Costs

The general rule is that the unsuccessful party pays the costs of the successful party. The court has discretion to make different orders, including issue-based costs orders and wasted costs orders against legal representatives. The court summarily assesses costs in fast track cases and cases disposed of at a hearing of less than one day.

Conclusion

Civil litigation under the CPR provides a structured framework for the resolution of disputes, from pre-action protocols through case management to trial and enforcement. The overriding objective ensures that cases are dealt with justly and proportionately, while active case management and the allocation of cases to appropriate tracks promote efficiency.