Issuing Court Proceedings When Liability Is Denied

If your lawyer collates all the supporting evidence available and the defendant’s side still deny liability, your lawyer can choose to issue court proceedings on your behalf.

This can encourage the defendant’s side to reconsider liability and attempt to settle your claim, or will mean that the outcome will of your case will be determined by an appointed judge, if the defendant’s side are unwilling to agree a settlement.

Your lawyer can also issue court proceedings if they find the defendant’s side to be in breach of the civil procedure rules’ pre-action protocol for personal injury claims. This includes instances such as a non-response to the letter of claim.

Your lawyer will advise you if it is appropriate to issue court proceedings in your case. See the “Issue court proceedings” box and subsequent boxes on the flowchart for more information about the court process.

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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