Legal disputes are part of life. Whether it’s a contract gone wrong, a property disagreement, or a workplace conflict, most people encounter legal friction at some point. The question is: when does a situation justify civil litigation?

Understanding the threshold between a personal dispute and a legal matter can be the difference between resolution and escalation. At Axis Solicitors, we guide individuals and businesses through these critical moments, ensuring their rights are protected and their case is built on solid legal ground.

Whether you’re unsure if your situation warrants legal action, or you’re already deep in disagreement and weighing your next move, this article will give you clarity on the civil litigation landscape in the UK.

What Is Civil Litigation?

Civil litigation refers to the legal process used to resolve legal disputes between individuals, businesses, or other entities, where no criminal offence has been committed. Unlike criminal law, which involves the state prosecuting an individual for breaking the law, civil litigation is about one party seeking compensation, enforcement, or a specific outcome from another party.

In simpler terms, civil litigation is what happens when people or organisations can’t settle a dispute privately and need a court or tribunal to intervene.

Key Characteristics of Civil Litigation:

• Private Parties: The dispute usually involves two private individuals or entities. 
• Compensation Over Punishment: The goal is typically to restore loss, not to penalise a wrongdoer. 
• Balance of Probabilities: Civil courts decide cases based on which side’s argument is more likely to be true—not beyond a reasonable doubt. 
• Solicitor and Barrister Roles: Solicitors help build and manage the case; barristers may represent clients in court. 

Civil litigation spans a wide range of legal disputes. What ties them together is the legal mechanism used to pursue a resolution when other methods fail.

For many people, understanding whether a disagreement is just frustrating—or something that requires legal action—starts with understanding these foundations. A solicitor can help you assess your situation and determine if litigation is the right route.

Common Types of Legal Disputes in Civil Litigation

Civil litigation encompasses a wide array of legal disputes, from everyday matters to complex, high-value claims. Below are the most frequent types handled by solicitors across the UK.

1. Contract Disputes

These arise when one party fails to fulfil their obligations under a legally binding agreement. Contractual legal disputes are particularly common in business, construction, and consumer transactions.

Common examples include:

• A service provider failing to deliver agreed work 
• A client refusing to pay after receiving services 
• Breach of terms in employment, supply, or lease agreements 

Why litigation may be necessary: If informal negotiations or mediation fail, civil litigation can be used to enforce the contract or recover losses.

2. Property Disputes

Disagreements over property—whether residential, commercial, or land—are a leading cause of civil litigation in the UK. These can involve ownership rights, boundaries, leases, or housing conditions.

Typical disputes include:

• Boundary disputes between neighbours 
• Landlord-tenant disagreements 
• Issues with property co-ownership or trust arrangements 

Litigation route: Property cases often require court action to clarify legal ownership, evict tenants, or obtain injunctions.

3. Employment Disputes

While employment tribunals handle many work-related legal disputes, certain issues may escalate to the civil courts—especially those involving breach of contract or restrictive covenants.

Examples:

• Wrongful dismissal (distinct from unfair dismissal) 
• Disputes over bonus or commission agreements 
• Breach of confidentiality or non-compete clauses 

Role of litigation: When internal grievance procedures and tribunal claims don’t resolve the matter, litigation may become the only viable option.

4. Personal Injury Claims

If someone suffers injury due to another party’s negligence, they may file a civil claim for compensation. These legal disputes focus on recovering damages for physical, emotional, and financial loss.

Common claims involve:

• Road traffic accidents 
• Slips, trips, and falls in public places 
• Workplace injuries 

Legal process: Personal injury claims follow a structured protocol. If settlement negotiations fail, civil litigation becomes necessary.

5. Professional Negligence

These legal disputes involve a claim that a professional—such as a solicitor, accountant, or surveyor—failed in their duty of care, causing loss or damage.

Situations may include:

• A solicitor missing a court deadline 
• An accountant providing negligent tax advice 
• A surveyor undervaluing a property 

Why take legal action: Clients can sue for damages when professional mistakes lead to financial loss or legal disadvantage.

6. Debt Recovery

When a person or business owes money and refuses to pay, debt recovery becomes a legal issue. While many debts can be recovered through letters and negotiation, some require civil litigation.

Debt-related disputes include:

• Unpaid invoices 
• Personal loans between individuals 
• Unfulfilled credit agreements 

Legal remedy: County Court Judgments (CCJs) and enforcement actions such as bailiffs or charging orders.

7. Defamation and Reputation Damage

If a person’s or business’s reputation has been unfairly harmed through false statements, they may pursue a claim for libel (written) or slander (spoken).

These legal disputes often arise in:

• Media publications 
• Online reviews and social media 
• Professional contexts 

Litigation outcome: Compensation for reputational damage and injunctions to prevent further harm.

8. Consumer Rights Disputes

Consumers have strong protections under UK law, but companies may still supply faulty goods or services. When complaints go unresolved, litigation may be the only path forward.

Example scenarios:

• Major faults in a new car or appliance 
• Unfulfilled holiday or event bookings 
• Overcharging or unfair fees 

Legal routes: County courts, especially the small claims track, are often used to resolve consumer-related legal disputes.

When Should You Consider Civil Litigation?

Civil litigation is not always the first or best step—but in certain situations, it’s unavoidable. Understanding when to consider legal action is crucial to protecting your interests and achieving a fair resolution.

The decision to litigate often comes down to three core factors: risk, loss, and resolution. If informal efforts fail and the issue is causing serious harm—financial or otherwise—civil litigation may be necessary.

1. When Informal Dispute Resolution Has Failed

Most legal disputes begin with attempts at resolution outside court—discussions, emails, formal complaints, or mediation. But if these efforts stall or break down, litigation may be the only route left.

Signs it’s time to escalate:

• The other party is uncooperative or non-responsive 
• Negotiations have dragged on with no progress 
• There’s a pattern of avoidance, delay, or denial of responsibility 

2. When There Is a Clear Legal Breach

If one party has clearly breached a legal duty or contract, and that breach has caused measurable loss, you may have strong grounds for civil litigation.

Examples include:

• A supplier not delivering goods as agreed 
• A landlord refusing to carry out repairs despite legal obligations 
• An employer failing to pay wages or honour a contract 

The clearer the breach and the stronger your evidence, the more likely litigation will succeed.

3. When You Need Urgent Action or an Injunction

Sometimes the issue isn’t just about compensation—it’s about stopping harm or enforcing rights.

You should consider litigation urgently if:

• Someone is infringing your intellectual property or confidential information 
• A former partner is trying to sell jointly owned property without consent 
• A publication threatens to damage your reputation or business 

Courts can issue injunctions or emergency orders to prevent damage before a full hearing takes place.

4. When Financial Loss or Risk Is Substantial

If the value of the dispute is high or your exposure to risk is growing, acting quickly is essential. Waiting too long can lead to greater damage—or even make your claim invalid due to statutory limitation periods.

Litigation becomes necessary when:

• The other party owes a large sum and continues to default 
• Delays could result in evidence being lost 
• You are incurring continuing losses from a professional’s negligence 

5. When Reputation or Principle Is at Stake

Not all legal disputes are about money. Sometimes it’s about reputation, professional integrity, or setting a legal precedent.

Civil litigation may be the right move if:

• Your business has been publicly defamed 
• A breach of trust has occurred in a long-term relationship (e.g., fiduciary) 
• You need a ruling to clarify ownership, rights, or liability 

This is especially relevant in high-profile sectors like business, media, and real estate.

6. When Alternative Dispute Resolution (ADR) Has Failed or Is Inappropriate

Before going to court, parties are encouraged—sometimes even required—to try ADR methods like mediation or arbitration. But not every case can be resolved this way.

Litigation becomes the fallback when:

• The other side refuses to engage in ADR 
• ADR results in no agreement 
• Urgency or enforcement issues render ADR ineffective 

Courts also consider whether parties have made genuine attempts to settle—so trying ADR first often strengthens your position.

The Civil Litigation Process in the UK – Step by Step

Once you and your solicitor decide that litigation is the right course of action, the legal process begins. While each case is unique, the civil litigation process UK typically follows a structured path governed by the Civil Procedure Rules (CPR).

Here’s a step-by-step breakdown of how most legal disputes proceed through the courts.

Step 1: Pre-Action Protocol

Before starting court proceedings, the Pre-Action Protocol requires parties to exchange relevant information and attempt resolution.

This stage involves:

• Sending a Letter of Claim outlining the issue and desired remedy 
• Receiving a Letter of Response from the opposing party 
• Sharing documents and considering alternative dispute resolution (ADR) 

This protocol is designed to reduce unnecessary litigation by encouraging early settlement.

Step 2: Issuing the Claim

If the matter remains unresolved, the next step is to issue a claim in the appropriate court—usually the County Court or High Court, depending on the value and complexity.

Key elements include:

• Completing a Claim Form (Form N1) 
• Submitting Particulars of Claim detailing the nature of the dispute, the facts, and the legal basis for your case 
• Paying a court fee (which varies based on claim value) 

The court will then formally issue the claim and serve it on the defendant.

Step 3: Defendant’s Response

The defendant has 14 days from service to acknowledge the claim and 28 days to submit a Defence.

They may choose to:

• Admit the claim and pay 
• Dispute the claim fully or partially 
• File a counterclaim (suing the claimant in return) 

If the defendant fails to respond, the claimant can request default judgment in their favour.

Step 4: Directions and Case Management

Once the Defence is filed, the court will review the matter and issue case management directions. These outline how the dispute will progress.

This stage may involve:

• Disclosure of evidence (documents, communications, records) 
• Exchange of witness statements 
• Use of expert witnesses if technical issues are involved 
• Timetable for filing court documents 

The court may also hold a Case Management Conference (CMC) to clarify issues and set deadlines.

Step 5: Settlement Discussions

Throughout the process, parties are encouraged to settle the dispute without trial. Solicitors may arrange settlement meetings, or the court may recommend mediation.

A settlement may be reached:

• Informally, between solicitors 
• Through a formal Part 36 offer 
• Via mediation or arbitration 

Reaching a settlement can avoid the cost and risk of trial while still protecting your legal position.

Step 6: Trial

If no settlement is reached, the case proceeds to a civil trial.

Key aspects of the trial:

• Presentation of evidence, witnesses, and expert opinions 
• Cross-examination by both sides 
• A judge (not a jury) decides the outcome 

Trials can last from a few hours to several weeks depending on complexity. Most small claims are dealt with in a single hearing.

Step 7: Judgment

The court will issue a judgment that may include:

• A financial award (damages) 
• An order to do or refrain from doing something (injunction) 
• Reimbursement of legal costs (in part or full) 

If the losing party doesn’t comply, enforcement actions can follow.

Step 8: Appeals and Enforcement

If you win your case but the other side refuses to comply, enforcement may involve:

• Bailiffs (High Court Enforcement Officers) 
• Charging orders over property 
• Third party debt orders (freezing bank funds) 
• Attachment of earnings (deducting from wages) 

If either side believes there was a serious legal or procedural error, they may request permission to appeal the judgment.

Alternatives to Civil Litigation – When Court Isn’t the Best Option

While civil litigation is a powerful tool, it’s not always the most efficient, affordable, or appropriate path. Many legal disputes can be resolved without stepping into a courtroom—saving time, money, and stress.

UK law actively promotes Alternative Dispute Resolution (ADR), and courts often expect parties to consider these methods before proceeding with litigation.

1. Mediation

Mediation involves a neutral third party (mediator) helping both sides reach a voluntary, negotiated agreement. Unlike a judge, a mediator doesn’t make decisions—they facilitate productive conversation.

Best suited for:

• Contract disputes 
• Neighbour or boundary issues 
• Family or inheritance matters 
• Employment disputes 

Benefits:

• Confidential 
• Cost-effective 
• Quick 
• Preserves relationships 

Courts view parties more favourably if they’ve made genuine efforts to mediate—even if the process doesn’t lead to agreement.

2. Arbitration

Arbitration is a formal process where a neutral arbitrator makes a binding decision on the dispute, similar to a court ruling. Many commercial contracts now include arbitration clauses requiring this route before litigation.

Used in:

• Business and commercial disputes 
• Construction and engineering claims 
• International trade disagreements 

Advantages:

• Faster and more private than court 
• Parties choose the arbitrator (often an expert in the field) 
• Awards are enforceable by law 

Arbitration decisions are final and can usually only be appealed on very narrow grounds.

3. Negotiation Between Solicitors

Sometimes, solicitors on both sides negotiate directly without needing a formal mediation process. This can be effective for straightforward legal disputes where both parties want to avoid court but need structured dialogue.

Ideal for:

• Debt disputes 
• Contract breaches 
• Intellectual Property disputes 

This approach is low-cost and often avoids escalating tensions.

4. Ombudsman Schemes

Certain sectors in the UK have independent ombudsman services that investigate complaints and offer legally binding decisions—particularly useful in consumer-related legal disputes.

Examples:

• Financial Ombudsman Service (banking and insurance) 
• Legal Ombudsman (solicitor conduct) 
• Property Ombudsman (estate agents and lettings) 

Benefits:

• Free to access 
• Decisions carry legal weight 
• Can recommend compensation or corrective action 

These schemes are ideal for consumers who lack the resources to pursue litigation.

5. Adjudication (Construction Disputes)

Under the Housing Grants, Construction and Regeneration Act 1996, certain construction disputes must go through adjudication before litigation. This is a fast-track process aimed at minimising project disruption.

Useful when:

• Disagreements arise mid-project 
• Cash flow issues threaten completion 
• Contractors or subcontractors face non-payment 

Adjudicator decisions can later be challenged in court but are enforceable in the interim.

Costs and Risks of legal disputes in Civil Litigation – What You Need to Know

Taking legal action through civil courts can be a powerful way to resolve legal disputes, but it carries both financial and procedural risk. Below is a detailed breakdown of what to expect if you pursue civil litigation in the UK.

1. Court Fees

To begin civil proceedings, you must pay a court fee. This depends on the value of your claim:

• Claims up to £300 may incur a £35 fee 
• Claims between £300 and £10,000 follow a sliding scale, up to £455 
• Claims over £10,000 are charged at 5% of the total value, capped at £10,000 
• Fixed fees apply for other applications such as injunctions 

Individuals on low incomes may be eligible for fee reductions under the Help with Fees scheme.

2. Solicitor Fees

Solicitor fees vary depending on the complexity and nature of your legal dispute. Typical billing methods include:

• Hourly rates, ranging from £150 to £600+ per hour depending on the solicitor’s experience and location 
• Fixed fees, often used for straightforward matters such as debt recovery 
• No win, no fee arrangements (Conditional Fee Agreements), where clients only pay if they win 
• Legal expenses insurance, which may be included in home, business, or motor insurance policies 

Detailed estimates should be provided at the outset, along with ongoing cost tracking throughout the case.

3. Barrister and Expert Witness Fees

If your matter proceeds to trial, additional costs may apply:

• Barristers may charge £500–£2,000 for short hearings and £5,000–£20,000+ for multi-day trials 
• Expert witnesses (e.g. medical professionals, surveyors) may charge £500–£3,000 for initial reports, with further fees for court appearances 

These costs are usually covered by the instructing party but can be recovered if the case is won.

4. Adverse Costs – “Loser Pays” Principle

One of the biggest financial risks in civil litigation is the possibility of having to pay the other party’s legal costs if you lose the case. This is known as the “loser pays” rule, a central principle in UK civil law.

While small claims typically require each side to bear their own costs, higher-value cases may result in significant adverse cost orders.

5. Cost Management and Budgeting

For complex or high-value legal disputes, the court may require both parties to submit cost budgets. This controls excessive spending and limits recoverable legal costs to pre-approved amounts.

Costs will be assessed for reasonableness and proportionality—a poorly managed budget can reduce how much you recover, even if you win.

6. Managing Costs and Reducing Risk

To manage the risks of litigation, claimants can consider:

• After The Event (ATE) insurance, which covers adverse costs if the case is lost 
• Conditional or Damages-Based Agreements, to defer or link fees to success 
• Part 36 offers, which can be used strategically to influence the outcome on costs 
• Attempting mediation or settlement early to avoid trial altogether 

A solicitor’s job is not just to build your case, but to ensure that pursuing it makes legal and financial sense. An upfront cost–benefit analysis is essential before taking legal disputes into court.

Frequently Asked Questions

What are legal disputes?

Legal disputes are disagreements between individuals, businesses, or organisations where one party believes their legal rights have been infringed. These disputes often involve contracts, property, money, or professional conduct and may require legal intervention to resolve.

When do legal disputes become civil litigation?

Legal disputes become civil litigation when informal resolution methods—like negotiation or mediation—fail, and one party formally files a claim in court. Civil litigation is used to seek compensation, enforce rights, or obtain an injunction to prevent further harm.

Do all legal disputes have to go to court?

No. Most legal disputes are resolved without court proceedings. Solicitors often resolve cases through mediation, arbitration, or direct negotiation. However, if these methods fail or are inappropriate, civil litigation becomes necessary.

How long does it take to resolve legal disputes through civil litigation?

It depends on the complexity and type of dispute. Minor legal disputes (under the small claims track) may resolve in 3–6 months. Complex cases, such as property or contractual litigation in the High Court, can take 12–24 months or longer.

What types of legal disputes are most common in the UK?

The most common types of legal disputes in the UK include:

• Contract disputes 
• Property and boundary issues 
• Employment claims 
• Personal injury 
• Professional negligence 
• Debt recovery 
• Defamation 

Each type has unique legal processes and requirements for resolution.

How much does it cost to resolve legal disputes in court?

Costs vary significantly depending on the value and complexity of the legal dispute. Typical costs include court fees, solicitor fees, barrister charges, and expert witness fees. Adverse costs (paying the other side’s legal costs if you lose) are also a risk.

Can I get legal aid for civil legal disputes?

Legal aid is limited in civil cases and generally not available for most legal disputes. However, it may be available for cases involving housing (e.g., eviction), domestic abuse, discrimination, or public law challenges. Always check eligibility with your solicitor.

What is the role of a solicitor in resolving legal disputes?

Solicitors play a crucial role in managing legal disputes. They provide legal advice, draft documents, negotiate settlements, gather evidence, represent clients in court (or instruct barristers), and ensure the case complies with the Civil Procedure Rules.

What if the other party refuses to respond to a legal dispute?

If a party ignores communication or fails to engage in resolution, your solicitor can escalate the legal dispute to formal proceedings. If they fail to respond after a claim is issued, you can apply for a default judgment in your favour.

Is there a time limit to bring a legal dispute to court?

Yes. UK law imposes limitation periods for most legal disputes:

• Contract disputes: 6 years from the date of breach 
• Personal injury: 3 years from the date of injury or knowledge 
• Property disputes: Up to 12 years 
• Defamation: 1 year 

Missing the deadline could prevent you from pursuing your claim.

Can businesses use civil litigation for legal disputes?

Absolutely. Many commercial legal disputes are handled through civil litigation, especially where contracts have been breached or debts remain unpaid. Business owners should act quickly to protect commercial interests and preserve evidence.

How do I start legal action in a dispute?

To start civil litigation, consult a solicitor who will assess the merits of your legal dispute. If appropriate, they’ll help you follow the Pre-Action Protocol, file the claim, and manage the litigation process from beginning to end.

What are the risks of civil litigation in legal disputes?

The main risks in pursuing civil litigation over legal disputes include:

• High legal costs 
• Paying the other side’s costs if you lose 
• Emotional and time investment 
• Uncertainty of outcome 

That’s why legal advice is critical to assess whether litigation is proportionate to the value and risk of the dispute.

Need Help with a Legal Dispute? Speak to Axis Solicitors Today

If you’re facing a legal dispute and aren’t sure what steps to take next, don’t wait for the problem to escalate. Whether it’s a contractual disagreement, property issue, or professional negligence claim, Axis Solicitors is here to guide you.

We offer practical, results-driven legal advice with no unnecessary jargon.

Contact us today