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.
