If you have an unresolved dispute and have tried your utmost to find a way forward without success, consider giving Tower Bridge Legal the opportunity to assist you in resolving the dispute. This may be through the process of litigation, negotiation or even mediation.
The commercial litigation process follows structured stages designed to encourage early settlement while providing a clear route to trial if necessary.
- Pre-Action Protocol
Before issuing court proceedings, parties must follow Pre-Action Protocol requirements. This involves sending a detailed Letter of Claim setting out the legal and factual basis of your case, allowing the person or people you are in dispute with time to investigate and respond, and genuinely attempting to settle the dispute without court involvement. Failure to follow these protocols can result in cost penalties. - Issue of Proceedings
If pre-action correspondence doesn’t resolve the dispute, court proceedings are formally issued. A Claim Form and Particulars of Claim are filed at court and served on the defendant. This sets out your legal case, the facts relied upon, and the remedy sought (typically financial compensation or an injunction). - Defence and Case Management
The defendant has 14–28 days to file an Acknowledgment of Service and their Defence. You may file a Reply. The court then holds a Case Management Conference to set directions — deadlines for disclosure of documents, witness statements, expert evidence, and trial dates. The court also assigns your case to a specific ‘track’ based on value and complexity (small claims, fast track, or multi-track). - Disclosure of Evidence
Both parties disclose relevant documents. This can range from simple document exchange in straightforward cases to extensive electronic disclosure in complex commercial disputes. Parties have ongoing duties to disclose documents that help or harm their case. Both parties will also submit written witness statements, which are prepared and exchanged. If necessary, expert evidence is obtained and disclosed. Both sides know the full case they’ll face at trial. - Pre-Trial Review and Settlement
Some cases settle during this period, often following mediation or a Part 36 settlement offer. If settlement isn’t achieved, a Pre-Trial Review may be held to ensure readiness for trial. - Trial
The case is heard before a judge who considers evidence, hears legal argument, and delivers judgment. Trial length varies from half a day for simple matters to several weeks for complex commercial litigation. - Judgment
Once the trial has concluded, the judge will issue his or her judgment, setting out their findings of fact, how the law applies, and their final decision. - Appeals
If either party is not satisfied with the outcome, they may have the right to appeal the decision, though this usually needs to be based on a legal error or a misinterpretation of the law. Appeals are typically heard by a panel of judges who focus on legal issues rather than re-examining the facts. - Enforcement
If the losing party doesn’t pay voluntarily, the judgment needs to be enforced. Options include instructing High Court Enforcement Officers, applying for charging orders, third-party debt orders, or even insolvency proceedings.
Throughout the process, we keep you informed, explain each stage, and continually assess whether settlement or proceeding to trial makes the most sense based on costs, risks, and commercial objectives.