If you’re facing a dispute and have attempted unsuccessful alternative dispute resolution or other methods of resolving the issue – or you’ve been called to a court hearing – you may now be looking to understand the litigation process and how to avoid common issues.
This guide outlines what litigation involves and highlights the most frequent mistakes that can affect your case. It also explains how litigation and dispute resolution solicitors can support you throughout the process and help you work towards the best possible outcome.
What is litigation?
Litigation refers to the process of resolving disputes through the court system. It involves at least two parties: the claimant, who initiates the case by filing a claim, and the defendant, who responds to the allegations. The claimant typically brings the case forward on the grounds of an alleged wrongdoing by the defendant. If the dispute cannot be resolved at an early stage, such as during preliminary hearings, it may proceed to a full trial where a judge or jury determines the outcome.
What can litigation be used for?
Litigation can be used to resolve issues for both business-related and personal individual conflicts. Some of these examples include:
Personal
- Matrimonial disputes: litigation may be required in divorce proceedings where issues like financial settlements or spousal maintenance are contested.
- Will disputes: these often arise when beneficiaries or family members challenge the validity of a will or raise concerns about how an estate is being distributed.
- Child custody: when parents cannot agree on living arrangements or visitation schedules, the court can intervene to decide what arrangement serves the child’s welfare.
- Land and boundary issues: disagreements over property lines, access rights, or land ownership can lead to litigation when informal resolution attempts fail.
Commercial
- Shareholder disputes: litigation may be used to resolve disagreements between shareholders over company direction, dividend payments, or breach of shareholder agreements.
- Employment disputes: these can include claims for unfair dismissal, discrimination, or breach of employment contracts, often involving employment tribunals or civil courts.
- Contract disputes: if one party alleges that another has failed to meet the terms of a business agreement, court action may be taken to seek damages or enforce performance.
- Boardroom conflicts: internal company disputes between directors or executives may escalate to litigation, particularly where issues of governance, mismanagement or fiduciary duties are raised.
What are the common litigation pitfalls?
There are several common issues that, while often avoidable, can impact the outcome of a case or prevent it from progressing to court altogether.
Not hiring a solicitor
Without legal representation, individuals may misunderstand court procedures, overlook technical requirements, or present their case ineffectively. This can reduce the chances of a favourable outcome and increase the risk of procedural mistakes. A solicitor understands the legal process, how to structure arguments, and what evidence is required to support a claim. To avoid this pitfall, consider seeking legal advice as early as possible – even before filing a claim. A solicitor can assess the strengths and weaknesses of your case, guide you on strategy, and represent you throughout the litigation process.
Missing deadlines
Courts impose strict timelines for submitting claims, evidence, witness statements, and other procedural steps. Missing these deadlines can result in sanctions, increased legal costs, or the claim being dismissed entirely. Time limits also apply when initiating claims, known as limitation periods, which vary depending on the type of dispute. To avoid missing deadlines, maintain a detailed calendar of all court dates and filing requirements. If working with a solicitor, they will manage these deadlines on your behalf. If representing yourself, regularly check court rules and correspondence to stay on track.
Not providing sufficient documentation and evidence
Claims and defences must be supported by clear, relevant evidence. Incomplete, inconsistent, or poorly organised documentation can make it harder to prove a case or respond to the other party’s claims effectively. Courts require parties to disclose evidence in a structured way, and failure to comply can affect the outcome. To avoid this issue, start gathering all relevant documents as soon as a dispute arises. Organise evidence chronologically, keep records of communications, and ensure all materials are legible and complete. Legal advice can also help identify what evidence will carry the most weight in court.
Delayed action
Waiting too long to act on a dispute can reduce legal options or result in the claim being time-barred. Most claims are subject to statutory limitation periods—for example, six years for many contractual disputes or three years for personal injury claims. Delays can also allow the other party to dispose of evidence or become more difficult to trace. To avoid this pitfall, seek legal advice promptly if you believe you have grounds for a claim. Even if you are unsure whether to proceed, early consultation can clarify your position and preserve your ability to act if needed.
By avoiding the common pitfalls associated with litigation, you improve your chances of reaching a successful resolution to your dispute.
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