Specialist Dispute Resolution Solicitors 
Here at Bonallack and Bishop, our civil litigation solicitors understand that becoming involved in a legal dispute can be stressful, time-consuming, and emotionally draining. Whether you’re facing a contractual disagreement, property dispute, or a more complex claim, we’re here to provide clear, practical advice at every stage.
We’ve created these FAQs to help you understand the civil litigation process, your rights, and what to expect. If you need tailored guidance, we offer free initial telephone advice with a member of our litigation team.
Worried about getting involved in a legal dispute? Let our civil litigation solicitors put your mind at rest. Just call FREEPHONE 0800 1404544 or one of our local office numbers [see below] for FREE initial phone advice with no strings attached.
The Basics of Civil Litigation
What is civil litigation?
It’s a name for the process for resolving non criminal legal disputes through courts, often seeking damages or specific performance. It’s often referred to as dispute resolution these days
What types of disputes fall under civil litigation?
Civil litigation covers a wide-ranging of disputes – including contract breaches, consumer disputes, jointly property ownership disputes, building disputes, disputes with neighbours, debt claims, professional negligence compensation claims against solicitors, accountants and others, contested probate and inheritance claims, and more.
Why are most claims over £10,000?
Claims under that threshold typically go to Small Claims, where cost recovery is limited. That means that even if you win, in the Small Claims Court you won’t be able to claim your costs from the other side. As a result, it’s usually simply uneconomic for solicitors to represent you in any Small Claims Court application – no matter how strong your case is. If your claim is worth more than £10,000, then it will probably be heard in the County Court – where claiming your legal and other costs from the other side is possible if you win your case.
Pre-Action & ADR
What is a pre action protocol?
Steps for early settlement and information exchange before legal proceedings begin.
Is mediation or arbitration mandatory?
Neither of them are strictly mandatory but these forms of ADR (alternative dispute resolution) is strongly encouraged. Courts may stay proceedings or impose cost penalties if ADR is unreasonably refused.
What’s the difference between arbitration and mediation?
Mediation is voluntary and non binding. Arbitration is binding and more similar to private court proceedings.
What is conciliation?
A voluntary ADR method where a conciliator guides negotiation without producing binding decisions
Court Proceedings & Timeline
How do I start a civil claim?
Through a claim form submitted to the court; the defendant must respond or risk default judgment
How long does a claim take?
Cases can range from weeks (simple claims) to 12+ months for complex cases. following Covid, However, the courts have built up a sizeable backlog which they still struggle to reduce. Delays are therefore much greater these days before.
What is the Small, Fast, and Multi Track?
Case allocation of civil litigation cases depends on claim value and complexity— and that affects timelines and procedural rules.
Costs & Funding
Who pays legal costs?
The losing party usually pays, but the winner may still incur costs. However this is not always the case depending on the individual party. And in general terms, legal costs are not recoverable for
claims under £10k in the small claims court
What is a Conditional Fee Agreement (CFA) or Damages-Based Agreement (DBA)?
These are forms of alternative funding where fees depend on success and recovery. CFAs/DBAs follow specific regulations
Can costs be recovered from an insurer?
BTE (before the event) or ATE (after the event) insurance policy policies may cover you for costs, though recoverability depends on the rules of your particular policy and the dates relating to your claim.
️ ️ Court Orders & Protective Measures
What is a default judgment?
A default judgement may be granted if when the defendant fails to respond — claimant wins automatically, by default.
What is a civil restraint order?
Court order preventing repeated unmeritorious claims by what are referred to as “vexatious litigants”.
Can I appeal a judgment?
Yes, but only on procedural or legal grounds—not simply because you’re unhappy with the outcome
Other Helpful FAQs
Can I represent myself?
Yes—but legal complexity means representation is strongly advised, especially in Fast/Multi Track cases. However it’s much more common for people to represent themselves in the Small Claims Court – simply on the basis that they are unlikely to recover legal costs from the other side even if they win – which makes appointing a solicitor simply uneconomic in most cases.
If you represent yourself you refer to as a litigant in person.
What remedies are available?
There are a variety of remedies open to the court depending on the nature of the claim and the particular circumstances of the case. They include compensation (damages), injunctions, declarations, or specific performance. Interim orders are possible before trial.
What if I lose and can’t pay costs?
Enforcement can include asset seizure, but insolvency may limit recovery.
What if other party is hiding assets?
Full disclosure is required. And sanctions exist for concealment; court may penalise or refer for contempt.
