What Happens When Court Proceedings Are Issued?
Your solicitor will advise you if we need to issue court proceedings in to progress your case. Court proceedings are required for a number of reasons, such as if settlement negotiations have been unsuccessful or if liability for your injuries is still disputed.
Once proceedings are issued, the court will send your lawyer a timetable designed to manage your claim through to a final hearing. Once court proceedings are started, the defendant’s side will typically instruct a solicitor to manage the case on their behalf, who will liaise with your lawyer throughout the process.
Reasons For Issuing Court Proceedings In a Personal Injury Claim
There are a number of reasons while it might be suitable to issue court proceedings in a case involving personal injury:
An impasse
Your lawyer will advise you to issue court proceedings in the instance that your case has reached an impasse, such as if neither side can agree on a liability decision. If this is the case, either your solicitor or the defendant's side will issue proceedings.
Court proceedings as a means for negotiation
There are occasions when, once court proceedings have been issued, offers of settlement are made and, in this instance, the issuing of court proceedings has acted to encourage a case to settle quickly.
Once court proceedings have been issued and a solicitor has taken over the defendant’s case, they may re-evaluate the case and decide to make an offer to settle.
Your solicitor will advise if this has happened (although it is not something you should rely on during a case), and if so, whether their offer is appropriate and worthy of acceptance.
Protective Proceedings
Your lawyer may issue protective court proceedings if your case is nearing what is known as the limitation deadline. In personal injury cases, there is a set period - usually three years from the date of the accident - by which the individual must begin the claim for their injuries in order for it to be valid. Your solicitor will advise you if we need to issue court proceedings in order to allow us to progress your case.
How Long Does It Take to Issue Court Proceedings?
Generally, the process of issuing court proceedings can take anywhere from a few weeks to several months, depending on the above factors. However, the duration of court proceedings depends on the complexity of the case and the preparation required. Before court proceedings can be issued, several steps must be taken, including the collection of all necessary evidence, completion of pre-action protocols, and the drafting of initial pleadings. These tasks require meticulous attention to detail to ensure the claim is presented as strongly as possible.
Compiling medical reports, expert testimonies, and evidence of losses or damages can be time-consuming. The speed with which a solicitor can prepare and issue proceedings also affects the timeline. This can depend on the solicitor’s current caseload and resources.
Court proceedings can and must be initiated at any time during the three-year limitation period.
How Long Do Court Proceedings Take?
Court proceedings can be resolved in a matter of months or years. As with many aspects of the claims process, how long this takes will depend on many factors. More complex cases, involving intricate legal issues or disputes over facts, tend to take longer to resolve. The court’s calendar can significantly impact the timeline, as delays are possible if the court is dealing with a backlog of cases. Additionally, cases requiring numerous expert witnesses or extensive evidence collection can extend the duration of proceedings.
It is important to have realistic expectations about the timeline of your case and to stay in regular communication with your solicitor, who can provide updates and guidance throughout the process.
What Happens After Court Proceedings Have Been Issued?
Once court proceedings have been issued, there are two additional steps that may be required to progress your case.
Directions questionnaires
Once the defence is acknowledged, your solicitor and the defendant’s legal representatives have to complete directions questionnaires. These are documents used to provide the court with details such as the number of witnesses a case may have, the identity of the experts involved, and the anticipated length of the trial.
They also help the court determine whether the case should be a multi-track, intermediate track or fast-track case. Your lawyer will inform you what track your claim will be allocated to, but as a rule higher-value, more complex cases are allocated to the multi-track, whereas lower-value, more straightforward cases are fast-tracked, with the intermediate track in between.
Both sides’ legal teams will provide information about the settlement of the case, and whether they wish to try to settle now. Solicitors also have to confirm that they have made their clients aware of potential costs and consequences if they refuse to try to settle.
Claim Form
At the start of the court proceedings, your solicitor will submit a claim form on your behalf. This form is part of a bundle of documents put together to outline your case to the court and assists the court to determine any action it has to take.
Your solicitor will also have to serve the particulars of the claim, which outline the facts of your case. Meanwhile, the defendant’s solicitor will have to submit a defence, which your lawyer will acknowledge and respond to.
Not Satisfied With Your Solicitor?
If you are not satisfied by how the law firm you have appointed is handling your case, we offer a “Check My Claim” service so you can get a second opinion on the service you are receiving from your current solicitor.
We can check your claim if:
- Your case has been mishandled or progress has taken too long
- You have been told your claim is not worthwhile pursuing
- You are not happy with the amount of compensation you have been told you will receive
- Your solicitor has settled your case on a lower amount of compensation that you feel you deserve
For more information on how you can switch solicitors, take a look at our dedicated page.
FAQs About Issuing Court Proceedings
- What triggers the initiation of court proceedings?
Initiating court proceedings is a significant step, taken when certain conditions lead it to be the only avenue to advance a claim. This process is typically triggered by several key factors:
- Unsuccessful settlement negotiations: when attempts to reach a settlement out of court are unsuccessful, and no agreement can be made on the compensation amount, court proceedings may be initiated to resolve the dispute.
- Disputed liability: in situations where there is a disagreement over who is at fault for the injuries sustained, issuing court proceedings may be the only avenue to seek a resolution and establish liability.
- Approaching limitation deadlines: personal injury claims in the UK are subject to limitation deadlines, usually three years from the date of the accident. If a claim is nearing this deadline without resolution, protective proceedings may be issued to safeguard the claimant’s right to claim.
Solicitors play a crucial role in this process, advising their clients on the appropriateness and timing of issuing court proceedings. This decision is made with careful consideration of the case’s specifics, the progress of negotiations, and the strategic advantage that formal legal action may offer.
- What are the potential outcomes of court proceedings?
The potential outcomes of court proceedings in personal injury cases vary widely, depending on the evidence presented, legal arguments made, and the court's assessment of the facts. The main outcomes include:
- Settlement before trial: it is common for personal injury cases to settle before reaching trial, even after court proceedings have been initiated. This outcome can occur if the defendant reassesses the claim’s merit and decides to make a settlement offer that is acceptable to the claimant.
- Court judgment in favour of the claimant: if the case goes to trial and the court rules in favour of the claimant, the claimant may be awarded compensation for their injuries and losses. This judgment confirms the defendant's liability.
- Court judgment in favour of the defendant: alternatively, the court may find in favour of the defendant, which could mean the claimant receives no compensation for their claim.
- Dismissal of the claim: in some cases, the court may dismiss the claim if it finds that the claim does not meet the legal criteria for compensation under personal injury law.
Each of these outcomes carries different implications for the claimant, from the resolution of their claim and receipt of compensation, to the possibility of no award being made. Solicitors play a pivotal role throughout the court proceedings, advising their clients on the potential outcomes and the best course of action at each stage of the process.
Talk to Us
To speak to an expert about an injury that was caused by somebody else’s negligence and your right to make a claim, contact JMW today. Our solicitors are waiting to hear from you and are happy to answer any questions you may have.
To get in touch, simply call us on 0345 872 6666 or complete the enquiry form to let us know that you would like to hear from us.
