A dispute is litigated in a legal court. When parties are unable to agree on the outcome they want for a conflict, they take their case before a judge. The term is used to describe what can be a complex process.
What types of litigation can you use to resolve a case?
Litigation can resolve a variety of situations. They can include:
- Commercial e.g. claims for breach of contract, such as damage to goods or debt recovery;
- Matrimonial matters e.g. Determining the amount of a spousal claim during a divorce;
- Claim against the State e.g. The judicial review of an urban planning decision.
- Personal injury claims, e.g. A claim for damages arising from an accident in which a victim was injured;
- Employment disputes e.g. A claim of wrongful dismissal.
Which court?
There are many different British courts and tribunals. Your dispute will determine which tribunal or court you should approach. It may also depend on whether there are any specialist courts or tribunals for the type of dispute that you have. You will be advised by your solicitor which court or tribunal is best for you to use. For Litigation Funding, consider www.novo-modo.co.uk/litigation-funding
- Your claim’s value. The county court will hear your case if the value of the claim is less than £100,000. The High Court can hear cases if the claim is worth more than £100,000.
- The nature of your claim. You can approach a court that is specialised in hearing cases concerning disputes over building, engineering or surveys if your case involves complex and technical evidence.
In general, to determine whether a particular court has jurisdiction, it is necessary to obtain legal advice from a specialist. Specialist legal advice may be required to establish whether or not a court has jurisdiction. If you bring a case in the wrong jurisdiction, the judge may dismiss it early without even considering the merits.
How an employment tribunal works
Employment tribunals are one of the more common routes for resolving a legal dispute. They are independent judicial bodies that rule on claims by employees who believe their employment rights have been breached, including wrongful dismissal, discrimination and unfair deductions from pay. How long a claim takes depends largely on how much evidence is involved.
Straightforward cases about pay or wrongful dismissal are usually heard by an employment judge sitting alone. More complex cases may go before a panel of three, made up of a judge and two members, often one with a trade union background and one from business.
The judge decides which side presents evidence first, which in dismissal cases is usually the employer. Witnesses give evidence and are cross-examined, the panel may ask questions, and both sides then sum up. A written judgment normally follows later. Either side can appeal, but only on a point of law. You can represent yourself, though the rules of evidence and procedure make experienced representation worth considering.
Wrongful dismissal as a common employment claim
Employment disputes are a frequent reason for litigation. One of the most common is wrongful dismissal, which happens when an employer breaches the employment contract in ending someone’s job, typically by not giving the required notice or not paying in lieu of notice. It can also cover breaches of implied terms, ignoring a dismissal procedure set out in the contract, or ending a fixed-term contract unlawfully before its end date.
Notice depends on the contract and on the statutory minimum. The statutory minimum is one week after a month’s employment, then one week for each full year from two years up to a maximum of 12 weeks. Where the contract and the statutory figure differ, the longer one applies. Pay in lieu is only allowed if the contract expressly provides for it.
To succeed, the employee must show the contract was breached and that they lost out as a result, such as lost pay. If the matter cannot be resolved with the employer, it may go to an employment tribunal.
Why tribunal claims take so long
Employment tribunals are one form of litigation where delays are common. A backlog of cases means that even once a claim is lodged it can take many months to reach a final hearing. The process is complex, with stages such as preliminary hearings, the exchange of evidence and the preparation of submissions, all of which take time. Either side can also appeal a decision, adding further delay.
Employers facing a claim can limit the impact. They should know every deadline in their case and file documents and answer requests for information promptly. They also need enough resources, whether legal advice or staff to gather documents and evidence.
Keeping in regular contact with the tribunal helps resolve issues before they cause hold ups, and contingency plans help manage the financial impact of unexpected delays. Where a party believes a claim has no real prospect of success, a costs warning letter can set out why a costs order may be sought, covering expenses such as legal representation.