DISADVANTAGES

• The rule in civil cases is that the loser pays the winner's costs as well as their own. As a result, the costs of taking a case to court can be more than the sum claimed. This can especially be the case with a claim in the High court. There is a need for lawyers to be used in more complicated cases, whose time has to be paid for.
• Even with the three-track system, there can be considerable delay in completing the preliminary stages of a claim. Once these stages are completed, there is often a further delay in arranging a hearing date. Some complicated cases may take several years to be resolved
• A claimant can only appeal to their for a no-win, no-fee arrangement in personal injury claims. A lawyer will only agree such an arrangement if a claim stands a high chance of succeeding. If the lawyer decided there is a low chance of success, a claimant must fund the claim from their own resources. Claimants in other cases will have to accept responsibility for their lawyer's fees, and hope that they win the case and can recover their costs from the loser, in addition to any compensation.
• Except in small claims, it's difficult for a claimant to take a case without the assistance of a lawyer. This is due to the requirements of pre-action protocols, the Civil Procedure Rules and the formal nature of hearings. Failure to observe these rules may result in the claim beign dismissed.
• There may be uncertainty of the outcome and guarantee of winning a case until a judge makes a final ruling
• using lawyers can be expensive and time consuming