Issuing court proceedings - what happens next?
Discussion
What happens when court proceedings are issued? I'm involved with a case where I'm the Claimant, and having never been involved in this sort of thing before, I would be interested to hear from others what the process is like and if there are any things to look out for should my case get to court.
If it makes a difference, I was in a hit and run where I was hit and the other party drove off.
If it makes a difference, I was in a hit and run where I was hit and the other party drove off.
Simpo Two said:
First, how strong is your case? You will have to be able to prove everything you say.
What's the insurance position?
I have an independent witness and other evidence to prove my story. The witness has also given the same statement to the police.What's the insurance position?
Their insurance is proclaiming innocence but my solicitor is happy to go to court.
ThisInJapanese said:
Simpo Two said:
First, how strong is your case? You will have to be able to prove everything you say.
What's the insurance position?
I have an independent witness and other evidence to prove my story. The witness has also given the same statement to the police.What's the insurance position?
Their insurance is proclaiming innocence but my solicitor is happy to go to court.
ThisInJapanese said:
This isn't about the actual case, it's more about the experience of going to court. Not if I'm going to win etc etc. I'm not going to ask that of the random Internet...
Is this Small Claims? You don't usually have a solicitor there, it's about self-representation. I've been through it twice and got two wins.ThisInJapanese said:
This isn't about the actual case, it's more about the experience of going to court. Not if I'm going to win etc etc. I'm not going to ask that of the random Internet...
I didn't state it was anything to do with winning the case etc.Just that your solicitor WILL know what it is all about & what you should expect to happen/to prepare for as he HAS been there before.
I stand my my post, your solicitor is the one you need to be speaking to, not the random internet.
ThisInJapanese said:
This isn't about the actual case, it's more about the experience of going to court. Not if I'm going to win etc etc. I'm not going to ask that of the random Internet...
The short answer is that if you have a solicitor running the case for you very little will happen, at least as far as you're concerned. The initial step is that your solicitor files the claim with the court, the insurers' solicitors file a defence, and the case is then prepared for trial, which would probably take place over a year later if it's outside the small claim system.But in practice over 95% of claims that are issued are settled without a trial, so as far as you're concerned it's extremely unlikely you will ever have to attend court to give evidence. You may have to give a written statement, but otherwise everything's dealt with by your solicitor, and the most likely outcome is your solicitor telling you the insurers have made an offer and asking if you want to accept.
Since you are the Claimant in a civil case related to a hit-and-run, here is an overview of what happens after court proceedings are issued and what to expect should your case go to trial.
1. Issuing Proceedings
Your solicitor will file a Claim Form and Particulars of Claim with the court, outlining your case against the Defendant (the driver or their insurer).
The Defendant (or their insurer's legal team) will be served with these documents and must file an Acknowledgment of Service within 14 days.
They then have 28 days from service to file a Defence.
2. Directions Questionnaire & Case Management
Once a Defence is filed, both parties complete a Directions Questionnaire, which helps the court allocate the case to the correct track (likely the Fast Track if under £25,000).
The court will set directions (deadlines for disclosure of evidence, witness statements, and expert reports).
Your solicitor will handle these procedural steps, but you may be asked to provide additional evidence.
3. Witness Statements & Evidence
Your witness statement will be your main evidence and must be thorough, detailing the accident and the impact on you.
The independent witness statement will be crucial—since they corroborate your version of events.
Your solicitor will prepare your case, potentially using accident reconstruction experts or CCTV footage (if available).
4. Settlement Attempts (Mediation or Part 36 Offer)
The Defendant may make a Part 36 offer (a formal settlement offer).
Mediation or negotiations may take place to resolve the case without trial.
5. The Court Hearing (If No Settlement)
If no agreement is reached, your case proceeds to a final hearing (trial). Here is what you should expect:
Before the Hearing:
Your solicitor will brief you on the process.
You may have a barrister representing you in court.
Court staff will guide you on where to go on the day.
During the Hearing:
You will be called to give oral evidence. This involves:
Affirming your witness statement.
Answering questions from your own lawyer.
Being cross-examined by the Defendant's lawyer.
The independent witness will also give evidence and be cross-examined.
Your barrister will argue your case, using legal principles and precedents.
The judge may ask you questions for clarification.
Courtroom Environment:
It will likely be in a County Court (not a criminal court).
The setting is formal but not like TV dramas—most hearings are procedural and methodical.
The judge will listen to both sides and may give an immediate judgment or reserve the decision for a later date.
1. Issuing Proceedings
Your solicitor will file a Claim Form and Particulars of Claim with the court, outlining your case against the Defendant (the driver or their insurer).
The Defendant (or their insurer's legal team) will be served with these documents and must file an Acknowledgment of Service within 14 days.
They then have 28 days from service to file a Defence.
2. Directions Questionnaire & Case Management
Once a Defence is filed, both parties complete a Directions Questionnaire, which helps the court allocate the case to the correct track (likely the Fast Track if under £25,000).
The court will set directions (deadlines for disclosure of evidence, witness statements, and expert reports).
Your solicitor will handle these procedural steps, but you may be asked to provide additional evidence.
3. Witness Statements & Evidence
Your witness statement will be your main evidence and must be thorough, detailing the accident and the impact on you.
The independent witness statement will be crucial—since they corroborate your version of events.
Your solicitor will prepare your case, potentially using accident reconstruction experts or CCTV footage (if available).
4. Settlement Attempts (Mediation or Part 36 Offer)
The Defendant may make a Part 36 offer (a formal settlement offer).
Mediation or negotiations may take place to resolve the case without trial.
5. The Court Hearing (If No Settlement)
If no agreement is reached, your case proceeds to a final hearing (trial). Here is what you should expect:
Before the Hearing:
Your solicitor will brief you on the process.
You may have a barrister representing you in court.
Court staff will guide you on where to go on the day.
During the Hearing:
You will be called to give oral evidence. This involves:
Affirming your witness statement.
Answering questions from your own lawyer.
Being cross-examined by the Defendant's lawyer.
The independent witness will also give evidence and be cross-examined.
Your barrister will argue your case, using legal principles and precedents.
The judge may ask you questions for clarification.
Courtroom Environment:
It will likely be in a County Court (not a criminal court).
The setting is formal but not like TV dramas—most hearings are procedural and methodical.
The judge will listen to both sides and may give an immediate judgment or reserve the decision for a later date.
ThisInJapanese said:
What happens when court proceedings are issued? I'm involved with a case where I'm the Claimant, and having never been involved in this sort of thing before, I would be interested to hear from others what the process is like and if there are any things to look out for should my case get to court.
If it makes a difference, I was in a hit and run where I was hit and the other party drove off.
Now you've given a bit more detail.If it makes a difference, I was in a hit and run where I was hit and the other party drove off.
With proceedings issued the third party will now know you're serious. Recently I found it took 9 months to get to mediation. During this time the two sides will be talking to each other (hopefully). If mediation fails then a trial fee will need to be paid then you all sit in a room with each other and questions will be asked and judgement made. I got to trial 12 months after starting proceedings.
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