Issue Court Proceedings

Your lawyer will advise you if we need to issue Court Proceedings, in order to allow us to progress your case. Court proceedings are required for a number of reasons, such as if settlement negotiations have been unsuccessful or if liability for your injuries is still disputed. 

Once proceedings are issued, the court will send your lawyer a timetable designed to manage your claim through to a final hearing. 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 what is known as the limitation deadline. In personal injury cases, there is a set period, usually of three years from the date of the accident, where an individual is entitled to make a claim for their injuries

    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 if we need to issue Court Proceedings, in order to allow us to progress your case

Procedures after court proceedings have been issued

  1. Directions Questionnaires

    Once the defence is acknowledged, your lawyer and the defendant’s legal representatives have to complete directions 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 also 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.

Life Cycle of a Claim

There are two types of Personal Injury cases, as follows:

Portal Cases

Generally these are cases where your compensation award is likely to be less than £25,000 and the injury has occurred in England and Wales.

Non-Portal Cases

Generally, these are cases that either; i. have occurred abroad. ii. Are likely to provide you with compensation in excess of £25,000 or iii. Have left you with life-changing injuries.

Learn about the types of cases we deal with

Case taken on

After getting in touch with us, your case will be passed to a lawyer, who will discuss with you your injuries and how they have affected you and about your claim generally.

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Contact made with other party or their insurers

Your lawyer will make contact with the defendant, generally via their insurer. This is either done via an online portal or a formal letter.

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Liability accepted

If the defendant accepts liability for your accident, it means that they accept legal responsibility and accept that they need to pay you compensation, subject to your lawyer proving the extent of the injuries and financial loss your accident has caused you.

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Liability denied

The defendant does not accept that they were responsible for your injuries. We will take steps on your behalf to obtain evidence to support you and encourage them to change their position.

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Seek evidence

A range of evidence will help us build a full picture of how much compensation you should receive. We will then work hard to secure it on your behalf.

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Negotiations to settle your claim can take place at any time. However, we would usually recommend only trying to negotiate a settlement once the full extent of your injuries and financial losses are known.

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Issue court

We may need to issue court proceedings in order to progress your case

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Court issues

After court proceedings have been issued, the court will put a timetable in place, with input from both your lawyers and the defendant, with a view to proceeding to a final hearing.*

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Complying with

Once a timetable has been agreed, your lawyers and the defendant will have to comply with it. This involves exchanging relevant documents that will be relied upon to support or oppose your case.

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Court hearing

Your case will be listed for a final hearing, often months in advance, and you should make sure that you are free to attend this in order to give evidence to support your case. The judge will decide whether or not the defendant is at fault and what compensation you are entitled to.

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Case concluded

Your case will be concluded at the final hearing. We will work hard to ensure your compensation award is the best possible amount to enable you to get on with your life!

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Talk to Us

To speak to an expert about an injury that was caused by somebody else’s negligence and your right to make a claim, contact JMW today. Our solicitors are waiting to hear from you and are happy to answer any questions you may have. To get in touch, simply call us on 0800 054 6570 or complete the enquiry form to let us know that you would like to hear from us.

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