How is litigation used in court?

You may have heard of litigation but not be sure what it involves, so let’s look at how litigation is used in court and how it might be funded.

What is litigation?

Litigation is a process in which legal disputes can be resolved using the civil court system. These disputes can include personal injury, commercial disputes, or complaints about property arrangements, amongst other areas of the law.

If you are unable to resolve the issue through negotiations, you may be compelled to commence a lawsuit, delivering a summons on the defendant and filing the complaint with the appropriate court. After a process known as discovery, in which details of the complaint and possible defences are exchanged, the court will normally call a conference to try to reach an agreement and avoid a formal trial. If no agreement can be reached, the matter will proceed to trial.

Litigation funding

Litigation can be a costly and risky process, as there is no guarantee of the outcome. Although litigation funding is relatively new in the UK, it is becoming an increasingly popular way of covering the costs of a trial.

A number of companies, such as https://www.novo-modo.co.uk/litigation-funding, offer this kind of funding.

When and how does litigation end?

Litigation is brought to a close when either the court delivers a final decision or the parties reach an agreement that can be presented to the court. There can be costs associated with the latter, and the agreement must comply with court rules that encourage litigants to try to settle, as many do, before judgment.

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