How long do court cases last?
Court cases are very difficult to predict and can vary in time dramatically and for a number of reasons. If you have a small claim with limited issues in dispute then the case may be over quite quickly, whereas more complex disputes are obviously likely to take a lot longer to settle.
The length and indeed structure of a particular claim that an individual or company brings will depend heavily on the area of law and the particular protocols relevant to that area. There is, however, a broad structure used in nearly all civil litigation claims that can be used as guidance for estimating how long a particular action will take. The process is as follows:
Initial instructions
Your first appointment with a solicitor should enable you to work out whether you are likely to be successful in bringing an action to court. A solicitor will require all of the information in relation to any dispute along with your expectations of what should happen. Once a solicitor has all the information they require they should be able to advise you on the strength of your case, the likely pitfalls, the costs, and the likely length of time it will take for your matter to be resolved.
Initial Action
After taking your instructions at the first appointment a solicitor will then begin investigating the claim. This may take the form of interviewing witnesses, instructing a barrister and appointing an expert. All of these things will depend on the issues in dispute in the claim. A solicitor is likely to make contact with the other side’s solicitors and begin negotiating a possible settlement. If there are very few issues in dispute it may be at this stage that a settlement is agreed and there is no need to proceed to court.
Issuing Proceedings
If, after carrying out the necessary investigations, a solicitor believes you have a good prospect of success at trial they will issue proceedings on your behalf. This will involve paying a court fee and is the first process in bringing the matter before a judge. How the defendant reacts to the issuing of this claim form will often be crucial in deciding how long the action will take before a conclusion is reached. Indeed, once a claim has been issued the defendant may well decide to settle the dispute rather than continue with the case to court.
This is the point when if a defendant wishes to contest the matter he will have to submit his defence to the court. If this is not done then the claimant may well be successful in his claim without having to attend court. Once the defence is issued it will be a lot easier for both sides to see what issues are in dispute and the likely chances of success. This is therefore likely to result in an increased chance of settlement before a court hearing.
When a claim continues all the way to a final hearing, there will need to be processes such as disclosure, alternative dispute resolution and witness statements which can be expensive and take time. If the case is for a large amount or very complicated it may well take years to conclude if run all the way. However if the matter is a small amount and not disputed it can be over in weeks.
Each area of law has its own procedures and the length of time bringing an action in it will vary dramatically depending on the issues in dispute. If you are concerned as to the length of time an action may take, or the cost, you should speak to a solicitor.
- Source:
- FindLaw
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