Civil Litigation Study – What is Civil Litigation?

As a Sports Journalism student, my knowledge of Civil Litigation was very limited, but since starting my employment with Oakwood Solicitors I have been able to grow a better understanding of the subject.

With the use of that experience, I will (to the best of my ability) explain just what Civil Litigation is and what sort of cases form the basis to this ever-expanding subject. Before beginning my employment, I didn’t have an opinion on Civil Litigation, and my knowledge was extremely limited. Thankfully, we have a terrific team at Oakwood who are always on hand to help.

From research and experience, what do I believe Civil Litigation is?

It has been my understanding so far that Civil Litigation is a disagreement of some kind between two or more parties, thus requiring the use of a “litigator” to help work towards the correct resolution in a case. Through studying sports media law, I do know the difference between civil cases and criminal cases.

The best way to differentiate the two is to think that a criminal case looks to punish the defendant as a result, but a civil case looks to provide a remedy of some kind for the Claimant. I have come to the realisation that it is very difficult to put a specific definition on the term Civil Litigation, so it is important to look at some specific examples.

Examples of a Civil Litigation case

• Defamation – This is when the reputation of someone has been damaged through either libel or slander, and is the most relevant aspect of Civil Litigation for myself as a sports journalist. I am often writing about sports stars and how they’re performing on and off the pitch.
• Breach of contract – When one party believes the other has broken the terms in a binding contract.
• Debt recovery – Chasing debtors. We like to assist companies or take over the proceedings as a whole.
• Construction claims – When building properties etc. goes wrong, or the contractor/property owner is unhappy with the quality of workmanship.
• Professional negligence claims – When a professional individual, acting in his/her professional capacity, causes a loss to the Client or third party.

What do actual Litigation solicitors have to say?

I spoke to our Civil Litigation Solicitors, Adam Robins and Laura Walton, about what I have learned. I gained insights into the day-to-day duties of a Solicitor in the department, what kinds of cases they most commonly deal with and how they would define Civil Litigation.

Meeting with Adam and Laura was a very useful experience, and I came out after our chat with a clearer mind on the subject. Here is what we discussed:

Their definition of Civil Litigation was kind of what I was expecting to hear, that it is a very broad subject and that it is very hard to define. When questioned on where the public misconceptions on Civil Litigation comes from, Adam said that the public understands what the word ‘litigation’ means and associate the word with Court and Court proceedings, but it’s not just as simple as that.

Much to my surprise, an ideal world for our litigators is to avoid litigation. I learned that some solicitors refine it all by segregating the Civil Litigation department into a Dispute Resolution and Litigation Department, as that is basically what it all boils down to: resolving disputes and failing that issuing court proceedings (litigation).

Property and Construction Disputes

Property is a big focus when it comes to disputes, for example when a builder or plumber does something wrong or with a lack of care, we will assess it with the help of experts. The department can be instructed by a property owner or a builder when it comes to construction disputes.

Breach of Contract

Due to the broadness of Civil Litigation, there are many different cases that come through and according to Adam and Laura. The most common areas that they work on are breach of contract and professional negligence, and there are often enquiries about challenging an insurer’s decision – which is apparently hard, as insurers tend to know their policies inside out.

A breach of contract is also very broad, with so many different potential circumstances falling into this bracket. Common examples of where a contract can be breached are in a business contract or tenancy agreement.

Day-to-day Duties

The primary duties the duo have during their day-to-day roles is to draft, advise and prepare their cases. Laura stated that drafting advice, letters of response and letters of advice is a massive part of their day. Working up pleadings is also crucial, as Laura stated that pleadings are “basically the bones of the case”.

What I also learned is that prevention is cheaper than the cure. Sometimes something as simple as us reviewing contracts for our clients can prevent litigation. A lot of people may try to go about this themselves to avoid having to pay legal fees.

The most important thing of all that helps the Civil Litigation department tick along nicely is coffee, and lots of it!

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