Starting a claim or counterclaim

Copyright © 2025 LexisNexis

Overview of the litigation process in England and Wales

For an overview of the litigation process in England and Wales, see Practice Note: Overview of the litigation process in England and Wales. This includes details of the stages of a dispute, from pre-action considerations through to starting a claim, trial, enforcement and appeal, together with the relevant cost and funding implications. It also considers case and cost management of claims by the court, witness and expert evidence, obtaining injunctions and methods of ending a claim, including by settlement. This Practice Note has been drafted to be free of any unexplained jargon and without links through to other documents, so that it can be used as the basis for a letter to a client. For links through to content that is relevant to the main stages of litigation in England and Wales, see Practice Note: Overview of the litigation process in England and Wales—related documents, which uses the same headings as in Practice Note: Overview of the litigation process in England and Wales.

Pre-action considerations

In the event that you have a potential claim,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest PI & Clinical Negligence News

APIL submits evidence to Justice Select Committee on access to justice barriers

The Association of Personal Injury Lawyers (APIL) has submitted evidence to the House of Commons Justice Select Committee’s inquiry on access to justice, arguing that there is ‘irrefutable prejudice’ against personal injury claimants. In its submission, APIL highlights several contributing factors, including the Legal Aid, Sentencing and Punishment of Offenders Act 2014, which prevents successful claimants from recovering their full legal costs; fixed recoverable costs that have failed to keep pace with inflation; and the Civil Liability Act’s whiplash reforms, which impose disproportionately low compensation tariffs. The evidence also cites Government Actuary calculations indicating that, under the current personal injury discount rate rules, claimants with a 20-year life expectancy have only a 55% chance of receiving full compensation.

PI & Clinical Negligence weekly highlights—20 November 2025

This week's edition of PI & Clinical Negligence weekly highlights includes a new Claims Portal user guide and a reminder of the narrow scope and strict timing for Article 2 inquests following a refused judicial review challenge. We also look at a number of Scottish decisions on informed consent, the role of reasonable precautions in Fatal Accident Inquiries, and proportionality in instructing experts. We also feature our specialised Quantum Database and case submission Portal. In addition, we have our usual round-up of other news, cases, free and on-demand webinars and New Law Journal articles of interest.

CILEX seeks to appeal against Mazur amid fears over jobs

Law360, London: On 18 November 2025, the Chartered Institute of Legal Executives (CILEX) stated that it has applied for permission to appeal against the Mazur decision that restricts which employees within a law firm can conduct litigation, citing the disruption it has caused in the legal sector.

Service of a winding-up petition at a default address (DG Resources Ltd v Revenue and Customs)

Restructuring & Insolvency analysis: The Registrar of Companies is empowered to rectify the Register and to change a company’s registered office address where the address is not an ‘appropriate address’ as required by section 86 of the Companies Act 2006 (CA 2006). The address as changed is referred to as the default address. A winding-up petition was served on a company at the default address nominated by the Registrar. The company applied for an injunction restraining the petitioner from advertising the petition on the grounds, among other things, that the service of the petition at the default address was not proper service. The court held that the service was proper service: it was satisfied that the company’s registered office address had been changed to the default address and that the petition had been served on a person at that address who was authorised to accept service. Written by Mark Townsend, barrister at New Square Chambers.

View PI & Clinical Negligence by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an