Issuing Court Proceedings

Usually, your lawyer will advise that it is appropriate to issue court proceedings on your case if it has reached an impasse or because your claim needs to be protected.

Once proceedings are issued, your case follows a timeline of events designed to bring the case to a trial.  Prior to court proceedings, the defendant’s side can deal with your case through an insurer. However, once court proceedings are started, the defendant’s side will typically instruct a lawyer to manage the case on their behalf, who will liaise with your lawyer throughout the process.

Read more about reasons for issuing court proceedings

  1. An Impasse

    Your lawyer will advise you if they believe it is appropriate to issue court proceedings in the instance that your case has reached an impasse, such as if neither side can agree on a liability decision. If this is the case, either your lawyer or the defendant's side will issue proceedings.

  2. Court Proceedings As A Means For Negotiation

    There are occasions when, once court proceedings have been issued, offers of settlement are made and in this instance, the issuing of court proceedings has acted to encourage a case to settle quickly.

    Once court proceedings have been issued and a lawyer has taken over the defendant’s case, they may re-evaluate the case and decide to make an offer to settle the case.

    Your lawyer will advise if this has happened (although it is not something you should rely on during a case), and if so, whether their offer is appropriate and worthy of acceptance.

  3. Protective Proceedings

    Your lawyer may issue protective court proceedings if your case is nearing its limitation deadline. In personal injury cases, there is a three year period, starting from the date of the accident, when an individual is entitled to make a claim for their injuries. Before this period expires, the claim must either be settled or be under the administration of the court.

    Therefore, there are occasions when it is appropriate to issue protective court proceedings, such as if the prognosis on your injuries is lengthy and will take longer than the three year period to settle. Your lawyer will advise you when issuing protective court proceedings is appropriate.

Procedures after court proceedings have been issued

  1. Allocation Questionnaires

    Once the defence is acknowledged, your lawyer and the defendant’s legal representatives have to complete allocation questionnaires. These are documents that help both sides let the court know about issues such as the number of witnesses a case may have, experts involved and the length of the trial the parties believe is required.

    They help the court determine whether the case should be a multi-track or fast track case. Your lawyer will inform you what track your claim will be allocated to, but as a rule, higher value, more complex cases are allocated to the multi-track, where lower value, more straightforward cases are fast track.

    Both sides’ legal teams will provide information about the settlement of the case, and whether they wish to try to settle now. Lawyers also have to confirm that they have made their clients aware of potential costs consequences if they refuse to try and settle.

  2. Claim Form

    At the start of the court proceedings process, your lawyer will submit a claim form on your behalf. This form is part of a bundle of documents put together to outline your case to the court and assists the court to determine any action it has to take. Your lawyer will also have to serve a particulars of claim, which outlines the facts of your case. Meanwhile, the defendant’s solicitor will have to submit a defence, which your lawyer will acknowledge and respond to.

 

Proceed to Step 7: Directions Given


Joint Settlement Meeting Case Management Conference Directions Given Issue Court Proceedings Case Concluded Negotiation Check Evidence Seek Evidence Liability Denied Liability Accepted Letter of Claim Sent Case Taken On Court Case Settled
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Joint Settlement Meeting

In some circumstances we may need to hold a joint settlement meeting to reach a final settlement on your case.

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Case Management Conference

Once court proceedings have started, a case can have one or more case management conferences at any point before it reaches trial.  

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Directions Given

Claimants and defendants are both required to directions to the court about how the case will progress.

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Issue Court Proceedings

Usually, your lawyer will advise that it is appropriate to issue court proceedings on your case if it has reached an impasse or because your claim needs to be protected.  

 

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Case Concluded

Your case will conclude with the presiding judge making a decision on whether your claim has been successful or not.

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Negotiation

Negotiation of your case, based on the evidence presented from both sides.

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Check Evidence

Your lawyer will check received evidence for accuracy and legitimacy.

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Seek Evidence

Gathering of evidence is essential whether or not the defendant denies responsibility or not.

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Liability Denied

Denial of liabilty means the most likely next steps include gathering supporting evidence to present to the defendant.

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Liability Accepted

If the insurer accepts liability, the case can proceed to a monetary settlement.

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Letter of Claim Sent

This stage confirms in writing the case, injuries and financial losses you have suffered.

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Case Taken On

This stage will encompass your initial discussions with JMW about your case, and assessing your suitability to claim.

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Court

At this point we prepare all evidence for your court hearing.

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Case Settled

At this point you could choose to accept the defendants offer or not.

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