Civil Litigation: Case Analysis, Justice Reforms, and Online Courts

This report delves into the intricacies of civil litigation through the examination of a case involving a shop worker injured in a road traffic accident. It begins with an analysis of the client interview process, emphasizing the importance of gathering information and providing legal advice. The report outli...Read More

Civil Litigation

Table of Contents
INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
Clients Interview.........................................................................................................................1
Steps taken on clients behalf.......................................................................................................2
Evidences required to obtain compensation................................................................................2
Case management directions.......................................................................................................3
Steps when evidence related to the case is in possession of third party.....................................3
QUESTION 2...................................................................................................................................4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6

INTRODUCTION
Civil Litigation is a term through which non criminal stream of actions as per legal
system is defined. Through this legal representations are made in the courts and pre trial before
hearing is done so that judgement can be made effectively. In the process of civil litigation
despite of criminal cases issues related to money and other related issues are resolved. Through
this cases that are filled for civil issues are settled and results are provided to resolve civil
disputes among parties involved.1 In this project report a civil dispute will be considered and on
the basis of civil litigation process these appropriate cases will be provided appropriate solutions.
QUESTION 1
In this question a case is involved in which a shop worker a potential client was involved
in a road traffic accident and suffered whiplash injuries. This accident prevented the worker form
performing his work for three weeks. This is a case of civil litigation and in the process of
resolving this civil dispute an interview needs to be conducted with client so that all the facts and
figures related to case dispute can be analysed to represent them in court proceedings.
Clients Interview
Initial client interview helps to find what are the requirements of client. All the
information that helps to achieve aim provided by client is collected. When all the related
information is collected then in that case best course of action as per clients requirements can be
conducted. Communicating with client helps in knowing original situation and moral support
helps to boost level of confidence that client possess. In the process of interview first the client
will be asked to meet and a formal meeting will be arranged to conduct an interview.2 In the
meeting effective communication is made among so that client can be encouraged to tell about
what exactly had happened in that situation. It is a accident case and questions such as what was
he doing? Is he was driving and not following any traffic rules ? All these questions are
important to know how the accident had happened and whose default is the cause for this
accident. When client is asked with all the information then piece of advise is provided that there
is no need to get threaten as do default is involved and this case will be in clients favour with
1 Ahmeti, Armend. "Civil Litigation Costs." Acta Universitatis Danubius. Juridica 13.3
(2017): 94-103. Web.
2 Civilistica.com. (2012). Web.
1

truth and justice will be made in legal manner. Advise will be made to client to act positively and
always say truth so that no manipulation can be made.3
Steps taken on clients behalf
As a lawyer in the process of providing justice to a client there are certain steps that a
lawyer can take on behalf of client. Some of the steps as as-
 Analysing the viability of the information provided so that when proceedings takes place
then proofs can be generated to represent a particular view point.
 A lawyer can analyse and research other related legal problems so that best solutions can
be rendered to their client.
All the steps that are taken in this case will help client to prove that in accident case shop
worker was not in any default and all the possible efforts will be made to provide justice and
bring truth clear to all.
Evidences required to obtain compensation
When an law suite is filled for civil litigation in relation to an road accident then in that
case evidences are required so that compensation can be claimed by client form the party in
default. Evidences that are required are as follows-
 First of all an evidence form the scene of the accident is collected. This information is
collected through report which is prepared by police when record for accident is made in
appropriate manner.4
 After finding evidences form accident scene then evidences in relation to damages will be
collected. This information is acquired form the client as in the present case shop worker
was enable to go on work that leads to financial losses. Together with this injuries leads
to physical and mental stress and these needs to be compensated.
 Additional information in relation to accident needs to be collected so that party at fault is
identified. Circumstances at the time of accident deliver useful information when law suit
is filled in courts. This information will be collected by communicating with parties
involved in the accident. Together with this all the eye witnesses will be communicated
3 Joanna Misztal-Konecka. "The Right to Legal Aid in Civil Litigation in Poland and in
Spain. Is It the State's Task Relating to Justice or Administration?" Journal of Modern
Science 41.2 (2019): 87-110. Web.
4 Kaplow, Louis. "MULTISTAGE ADJUDICATION." Harvard Law Review 126.5
(2013): 1179-298. Web.
2

so that their conformation leads to strengthen the case and provides results in favour of
client and claimed amount of compensation for injuries can be collected.
Case management directions
Case management is termed as a collaborative process of assessment, planning,
facilitating, care coordination, evaluation and advocacy in legal terms refers to the schedule of
proceedings involved in cases before the court. Case management is provided as an order by
judge so that better management of consolidation cases can takes place.5 In the process of case
management following directions needs to be followed in this case-
 The claim of the case shall be listed before for case management conference to be
accessed on valuation date.
 Purpose of the case management will be listed and it will be conducted with telephone if
other method is not mentioned by the court orders.
 Three clear days before the case management claimant (shop worker) must file and send
to the other party details regarding draft directions, a chronology, a statement of issues
and a case summary.
 Their will be further case management conferences in the room and in the court trials will
be reviewed.
The alternative case management directions can be reviewing similar cases and
identifying the core evidence on the basis of which compensation decision was taken. Through
this method clients case can be strengthen with collecting all the required evidences that are
mentioned in the previous cases decision making processes.
Steps when evidence related to the case is in possession of third party
Evidences in relation to any case involving a civil disputes plays important role in
resolving those issues. In a issues there are number of evidences that are important and valuable
to decide a case. When a third party is in possession of an evidence then in that case it will be
advisable to collect that evidence in legal and formal manner. When legal steps such as police
help and order form courts are taken then in that case third party can not deny to pass the
possession of evidence. Together with this when legal and formal method is used to collect
5 Mela, Mansfield, Glen Luther, and Thomas G Gutheil. "Forty-Five Years of Civil
Litigation Against Canadian Psychiatrists: An Empirical Pilot Study." The Canadian
Journal of Psychiatry 61.2 (2016): 112-18. Web.
3

evidence then chances of manipulation to any evidence can be minimised and reliance on that
evidence can be improvised. Steps to collect that evidence are-
 Identifying the person holding the evidence.
 Taking a legal order to collect the issue.
 Providing a reasonable chance to third person for providing that evidence.
 Collecting evidence in legal manner.
QUESTION 2
Justice is one of the primary concern for implication of a legal system in the country and
all the possible efforts are made so that legal structure in the UK can be improved. In order to
identify improvement for access to justice is made through analysing a report made by Lord
Justice Briggs in review of the civil courts structure.6 In this report focus was made on the five
key weaknesses in the current court structure that are as-
 Inadequate access to justice for large number of individuals.
 Hindrance due to usage of paper and old technological system in court structure.
 Delay in the court of appeal.
 Lack of investment outside London.
 Weaknesses in the process for enforcing judgements and orders.
There are number of recommendations are made so that a positive impact can be created
on litigation in England and Wales. Some of the recommendations are as follows-
 Introduction of an online solutions court is one of the most important recommendation. In
this three stage online system is designed which can be used with minimum requirements
of lawyer. This system will become compulsory for resolving issues involving claim up
to £25,000. Complex and important cases will be transferred upwards.
 Cases involving an amount of £250000 will be filled to high courts and eventually this
limit will become £500000.
 A proper training to lawyers and other officers are provided to perform paper work so
that time taken to resolve a dispute can be minimised.
6 Rosales, Virginia, and Dolores Jiménez-Rubio. "Empirical Analysis of Civil Litigation
Determinants: The Case of Spain." European Journal of Law and Economics 44.2
(2017): 321-38. Web.
4

 Judgements and orders of the court will be enforced with a process of being digitised,
centralised and rationalised.
 Deployment of judges needs to be made so that burden of all the cases are not made on
certain courts.
 Routes for appeal is increased so that each individual and business have access to make
an appeal to resolve their issue.
Lord Keen's Keynote also address on civil justice reforms at the association of personal
injury lawyers conference. Focus was provided on claims that are made for personal injury but it
is noticed that their were several claims that were unmeritorious whiplash claims and leads to
this claiming system a bit complicated.7 Despite of road safety and decline in number of road
accidents personal injury claims are increasing continuously. Government is committed to
tackling the continuing high number and cost of whiplash claims. In this process government
through implying various rules and regulations ensures that medical evidence must be present
while claiming damages for personal injury. A bill will introduced that will involve tariff for
compensation for pain, suffering and loss for injuries that are claimed for particular special
losses that may relates loss due loss of earning by injury. In this bill a terms will be introduced
and no claim will be passed without providing medical evidence for injury. Second element of
the bill was to reform programme to make changes in the Civil Procedure Rules to increase the
small claims form road accidents related to personal injury to £5000 and for other injuries £2000.
Small cases that are not complex are resolved through claims track and do not required for legal
representations. A new supporting structure is created through which development of new
accessible IT system takes place. The IT system will help in filling claims of different
individuals and help in developing effective solutions.
Government of UK is fully committed to providing 100% compensation that is claimed.
As per government principle claimed amount should neither more or less then full compensation.
On the assessment it is noted that claims are made in higher amount and to generate financial
guidance these claims needs to be guided. As per this civil justice reform a Fixed Recoverable
Cost (FRC) needs to be issued. As per this principal a fix amount of damages will be provided so
that over claiming issue in damages will be minimised.
7 Sladič, Jorg. "Professional Secrecy and Legal Professional Privilege: Slovenian
Perspectives on Arbitration and Civil Litigation." Maastricht Journal of European and
Comparative Law 25.2 (2018): 188-207. Web.
5

Lord Justice Briggs online court structure would improve access to justice system as
through this various loop holes in the existing system is identified and all possible steps are taken
to minimise these issues.8 Wide range of accessibility and quick response of court structure will
help in supporting resolving all the issues involved with personal injury claiming and justice.
CONCLUSION
From the above project report it has been concluded that civil procedures rules and
regulations needs to be followed while resolving any dispute related to civil litigation. In the
process of resolving a case a lawyer plays important role and all the possible step needs to be
taken by lawyer so that client is provided with desired results. To enhance results of court
structure continuous improvement is required. Introducing a online court structure is one of the
effective step to resolve more and more issues in easy and quick manner.
REFERENCES
Books and Journals
Ahmeti, Armend. "Civil Litigation Costs." Acta Universitatis Danubius. Juridica 13.3 (2017):
94-103. Web.
Civilistica.com. (2012). Web.
Joanna Misztal-Konecka. "The Right to Legal Aid in Civil Litigation in Poland and in Spain. Is
It the State's Task Relating to Justice or Administration?" Journal of Modern
Science 41.2 (2019): 87-110. Web.
Kaplow, Louis. "MULTISTAGE ADJUDICATION." Harvard Law Review 126.5 (2013): 1179-
298. Web.
Mela, Mansfield, Glen Luther, and Thomas G Gutheil. "Forty-Five Years of Civil Litigation
Against Canadian Psychiatrists: An Empirical Pilot Study." The Canadian Journal of
Psychiatry 61.2 (2016): 112-18. Web.
Rosales, Virginia, and Dolores Jiménez-Rubio. "Empirical Analysis of Civil Litigation
Determinants: The Case of Spain." European Journal of Law and Economics 44.2
(2017): 321-38. Web.
Sladič, Jorg. "Professional Secrecy and Legal Professional Privilege: Slovenian Perspectives on
Arbitration and Civil Litigation." Maastricht Journal of European and Comparative
Law 25.2 (2018): 188-207. Web.
Stanford University. School of Law, Issuing Body. Stanford Journal of Complex
Litigation. (2012). Web.
8 Stanford University. School of Law, Issuing Body. Stanford Journal of Complex
Litigation. (2012). Web.
6