Litigation is a widely used legal term, although many people are often unsure what it actually means. In simple terms, it’s the process of resolving a legal dispute between parties before they go to court.
A dispute can arise for many reasons, whether that’s a contract disagreement, unpaid debts, property issues, professional negligence, or a dispute between neighbours. When the parties are unable to reach an agreement themselves, legal action may become necessary to resolve the matter.
In this guide, we’ll explain what litigation means, the types of disputes that can lead to litigation, the stages involved, and what you can expect if legal action becomes necessary.
What does litigation mean?
In simple terms, litigation is the legal process used to resolve disputes between parties. While it can involve court proceedings, many disputes are resolved through negotiation or settlement before a final hearing takes place
In most cases, it involves one party that claims that the other has breached their legal rights or obligations. For example, it could be a disagreement over money, property, commercial agreements, or other civil matters.
The purpose is to achieve a resolution, which sometimes means negotiating a settlement between the parties.
Not every dispute results in a trial. In fact, many litigation matters are resolved before a final hearing. In doing so, it can help parties avoid court costs and uncertainty associated with proceedings.
What are the different types of litigation?
In the UK, litigation is divided into two broad categories: civil and criminal litigation.
Civil litigation
Civil litigation involves disputes between individuals, businesses, organisations, or public bodies. The aim is usually to resolve a disagreement, recover financial losses, enforce legal rights, or obtain a court order requiring someone to do (or stop doing) something.
This is the type of litigation most people encounter in everyday life and business. Some examples include claims of professional negligence, contract disputes or debt recovery, among others,
The person bringing the claim (the claimant) must prove their case on the balance of probabilities. In simple terms, the court must decide whether it is more likely than not that the claim is true.
Criminal litigation
Criminal litigation involves offences that are prosecuted by the Government, usually through the police and the Crown Prosecution Service (CPS).
Rather than resolving a dispute between two parties, criminal proceedings focus on determining whether a person has committed a criminal offence and, if so, what penalty should apply.
In criminal cases, the prosecution must prove its case so that the court is sure the defendant committed the offence. This requires a higher standard of proof than civil litigation
Which type of litigation applies to me?
Most disputes involving money, property, contracts, businesses, landlords and tenants, or professional services fall within civil litigation.
In situations like compensation, recovering debt, or resolving a dispute with another person or organisation, the matter will usually be dealt with through the civil courts rather than the criminal justice system.
What types of disputes can lead to litigation?
Going to court can involve a significant investment of time, money, and resources, which is why litigation is often considered a last resort.
In many cases, disputes can be resolved through negotiation, mediation, or other forms of alternative dispute resolution before formal legal proceedings become necessary.
However, when an agreement cannot be reached, litigation may provide the most effective way of protecting your legal rights and achieving a resolution.
Some of the most common disputes include:
Negligence claims
Instances of negligence like personal injury claims arise when a person or organisation fails to meet a legal duty of care and causes another party to suffer loss, damage, or injury as a result.
One common example is professional negligence, where a professional such as an accountant, surveyor, or financial adviser provides advice or services that fall below the standard reasonably expected within their profession.
To succeed in a negligence claim, it is usually necessary to demonstrate that a duty of care existed, that this duty was breached, and that the breach directly caused the loss being claimed.
Landlord and tenant disputes
Disagreements between landlords and tenants can arise for a variety of reasons, including rent arrears, property damage, breaches of tenancy agreements, repair obligations, or possession proceedings.
Landlord and tenant disputes are governed by a complex framework of legislation and regulations. As a result, the appropriate course of action will often depend on the type of tenancy involved and the specific legal procedures that must be followed.
Landlords, in particular, are required to comply with strict legal requirements when seeking possession of a property or recovering unpaid rent.
Tenants also benefit from a range of statutory protections, including those introduced under the Renters’ Rights Act 2026.
Neighbour disputes
Neighbour disputes can quickly become stressful and emotionally challenging, particularly when they affect your day-to-day life.
Common examples include boundary disputes, rights of way issues, noise complaints, nuisance claims, overhanging trees, and disagreements relating to fences or shared access.
These disputes are often complicated by the fact that those involved must continue living alongside one another long after the disagreement has been resolved. For this reason, a measured and practical approach is usually preferable.
Certain matters, like boundary disputes, tend to require a detailed review of aspects such as title deeds, Land Registry documents, historical conveyances, and survey evidence. In many cases, mediation can provide a cost-effective way of resolving matters while keeping the relationship amicable.
Insolvency and bankruptcy
When individuals or businesses experience serious financial difficulties, litigation may be used for insolvency or bankruptcy proceedings.
One example can include creditors seeking repayment of outstanding debts. Or it could be a winding-up petition against a business that is unable to pay what is owed.
Insolvency-related disputes are especially time-sensitive. The delays in question can affect the recovery of assets and the rights of creditors. Often, the appropriate strategy will depend on the financial position of the parties involved as well as the nature of the dispute.
Defamation
Defamation occurs when false statements are made which can damage the reputation of either a person or a business.
Disputes have risen in recent years, particularly with social media and online review platforms. When published online, a false, throwaway statement can spread rapidly and damage reputations, which can lead to financial harm.
Defamatory statements published in a permanent form, including websites, online reviews and social media posts, are generally treated as libel. Whereas verbal statements are referred to as slander. These claims can be legally complex and often require specialist advice.
Debt recovery
Debt recovery litigation involves pursuing money owed by individuals or businesses that remains unpaid despite reasonable attempts to secure payment.
It may include unpaid invoices, loans, service fees and other financial obligations.
Most debt recovery matters begin with formal correspondence, which gives a final opportunity for the payment to be made before court proceedings are issued. The court usually expects parties to make genuine attempts to resolve disputes before proceeding further.
If the payment is still not made, legal proceedings will then become necessary.
Acting on this promptly can often improve the chances of recovery, particularly where documentary evidence is readily available and before a debtor’s financial position deteriorates further.
Contractual and building disputes
A contract is the foundation of a personal and commercial relationship. If one party fails to meet their obligations under an agreement, litigation may become necessary to resolve the dispute.
These disputes are common and can involve homeowners, developers, contractors, and suppliers. It often stems from instances such as contract claims, unpaid work, poor workmanship, delays, supply disputes, or the quality of goods or services provided.
General civil disputes
Not every dispute falls neatly into a specific category. Litigation can arise whenever there is a disagreement involving legal rights, financial losses, contractual obligations, or property interests that cannot be resolved out of court.
This could include anything from consumer disputes and partnership disagreements to business conflicts and claims from personal transactions.
Every case is unique, and the most appropriate course of action will depend on the specific circumstances. Because of this, seeking legal advice at an early stage can help clarify your position and improve the prospects of achieving a favourable outcome.
Does litigation mean going to court?
Not necessarily. While people tend to assume litigation automatically means attending court, it’s not always the case.
In reality, a large number of disputes are resolved through negotiation or alternative methods before a trial becomes necessary.
The Civil Procedure Rules encourage parties to consider alternative dispute resolution (ADR), including mediation, before asking the court to determine the dispute. Mediation, without prejudice discussions, and settlement agreements can help provide a quicker and more cost-effective outcome.
However, where an agreement cannot be reached, court proceedings may be required to obtain a legally binding decision.
What are the stages of litigation?
While every dispute is different, litigation typically follows a structured process.
Initial advice and case assessment
The first step is understanding the nature of the dispute and assessing the strengths, weaknesses, and likely outcomes of the case.
Pre-action procedures
Before court proceedings are issued, parties are generally expected to exchange information and attempt to resolve the dispute.
This often includes sending a formal Letter Before Action setting out the basis of the claim and the remedy sought.
Issuing a claim
If the dispute cannot be resolved, court proceedings may be commenced by issuing a claim.
The other party will then have an opportunity to respond.
Evidence and case management
Both sides will usually exchange evidence and witness statements. The court may also set directions and deadlines to ensure the case progresses efficiently.
Settlement discussions
Negotiations can continue throughout the litigation process, and many cases settle before reaching a final hearing.
Trial
If settlement is not possible, the matter may proceed to trial, where a judge will hear the evidence and make a legally binding decision.
Enforcement
If the successful party is not paid or the judgment is not complied with, further action may be required to enforce the court’s decision.
How can a litigation solicitor help?
A litigation solicitor advises and represents clients involved in legal disputes.
Their role can include everything from explaining the legal options available, gathering evidence and documentation, negotiating settlements, and representing clients during court proceedings.
Disputes can become more difficult and expensive to resolve the longer they are left unaddressed. That’s why seeking legal advice from a solicitor at an early stage can help you understand your position, preserve important evidence and comply with any relevant deadlines.
They can also explore opportunities to resolve the matter before formal proceedings become necessary. As every dispute is different, the most appropriate course of action will depend on the specific facts of the case.
How long can litigation take?
The length of litigation mainly depends on the complexity of the dispute, the willingness of the parties to negotiate, and the court’s timetable.
- Small claims (typically lower-value disputes) may be resolved within several months.
- Fast track claims often take between six and twelve months from the start of proceedings to trial.
- Multi-track claims, which are usually higher-value or more complex disputes, can take 12 to 24 months or longer.
Delays can arise where expert evidence is required, additional parties become involved, or the court has a busy schedule. In many cases, disputes are resolved through settlement before reaching a final hearing, which can significantly reduce the timescale.
How much does litigation cost?
Litigation costs can vary in terms of the type of dispute, its complexity, and how far the matter progresses. Potential costs can include:
- Court fees
- Solicitors’ fees
- Barristers’ fees
- Expert witness fees
- Mediation or alternative dispute resolution costs
In some cases, the unsuccessful party may be ordered to pay a proportion of the successful party’s legal costs. This is more common in higher-value claims than in the Small Claims Track, where cost recovery is generally limited.
Expert legal support for litigation disputes
Legal disputes can be stressful, time-consuming, and costly if they are not handled properly. Whether you are involved in a disagreement as a private individual or a business owner, having legal advice can often help protect your position.
At BGW Solicitors, our litigation department is headed by Dervla Nash, a highly experienced litigation solicitor. We provide clear, practical advice and representation across a wide range of civil and commercial disputes.
We act for both private individuals and businesses across a broad range of sectors, including agriculture, commercial enterprises, landlords, property owners, and professional service providers.
For your convenience, consultations can be arranged at any of our offices in Castle Cary, Cheddar, or Shepton Mallet, or remotely via an online meeting. If you would like advice on a dispute or potential claim, contact us today to arrange an initial discussion with a member of our litigation team.