Civil Courts (Litigation) Advantages

• Qualified Legal Personal

  Judges have legal expertise and experience so are able to apply the law to the facts and produce a detailed judgement explaining their decisions. In the superior courts, this enables the development of legal rules through judicial precedent. Both parties are also usually represented by lawyers who will use Precedent to allow them to provide appropriate advice as to the likely outcome and represent the case in the best possible way.
• Civil Procedure Rules (CPR)

  Rules of evidence, disclosure and legal argument all ensure a fair process. The court manages the case and sets the timetable to ensure the claim proceeds to trial. The Civil Procedure Rules also encourage settlement; for example, the pre-action protocols encourage the parties to explore settlement before issuing proceedings. Parties will be penalised with cost orders if they try to litigate without first seeking to settle a dispute. Litigation is also the only process where one party can be made to come to court to give evidence. If one party refuses to lodge a defence or even appear in court, a default judgement can be made which will result in a final decision.
• Legally Binding

  Judges will give a reasoned final decision on liability (a Judgement) after hearing all the evidence at trial which is legally binding. The judgement will include a remedy which is guaranteed, usually damages, so the parties have the reassurance that the situation will be dealt with. The courts have much greater powers than most forms of ADR to enforce judgements e.g. the bailiff can be sent or an attachment of earnings order made, meaning it is likely to be adhered to.
• Appeals System

  Many other forms of ADR do not. This means that parties have a right of appeal on a point of law up the court hierarchy if a party is unhappy with a decision and have proper legal grounds. This may include appealing against the amount of compensation awarded or against liability.