My firm and I represent clients from various jurisdictions, including India, in their high value litigation cases in the English Courts. Due to their unfamiliarity with the English Judicial system, almost all clients ask similar questions to gain a better understanding of how the English judicial process works. I set-out and answer some of these frequently asked questions below:
The English judicial process ensures that all disputes are resolved expeditiously and in a timely manner. The Courts therefore, at the outset and once pleadings have been exchanged, set-out a timetable in each case. This is done at a Case Management Conference. The timetable sets out all case management directions, including filing of witness statement and experts reports, leading up to the trial. The date or a window for the trial is usually included within this timetable. The compliance with the directions given by the Court is monitored very strictly by the Court and it is not easy to get extensions of time. Even where the Court grants extension of time it usually penalises the party applying for the extension by ordering that party to pay the cost of the application to the other side.
The time frame within which English Courts resolve a dispute varies as it depends on various factors including the complexity of the case and the days to be allocated for trial. Usually, a party is able to obtain Judgment from the first instance court within 1-2 years from the commencement of the case.
The parties do have a right of appeal. This right is however restricted. A party can only appeal a decision of the first instance Court if the first instance Court or the Appellate Court gives the party permission to appeal.
A party is granted permission to appeal only in cases where the appeal appears to have a real prospect of success or there is some other compelling reason why the appeal should be heard. In majority of the cases, permission is refused. In the event permission is granted, the appeals are usually resolved within six months to a year’s time depending on the number of days required for the appeal hearing.
The English Courts follow the principle of “costs follows the event” which is loser pays the legal costs of the winner. Therefore, a successful party can ask the Court to assess their legal costs, including disbursements, and order the unsuccessful party to pay them. Costs orders are very common and form an important part of the English litigation process. They discourage parties from taking untenable positions in proceedings.
More than 60% of all disputes settle either in the pre-ligation stage or after the litigation is commenced. This is for a variety of reasons including the courts approach in encouraging amicable settlement through mediation or otherwise, the risk of an adverse costs order and pragmatic view taken by legal advisors in advising their clients.
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