Introduction to Civil Litigation

A quick reference guide on Civil Litigation in common law jurisdictions. The guide includes a summary of civil litigation documentation (eg letter before action, writ of summons, statement of claim, notice of writ, affidavit/affirmation, notice to insurer, etc).

How to use this Document?

The guide describes what civil litigation and provides examples of civil action which include: contract, quasi-contract, tort (including personal injuries claims), recovery of land or premises, claims in equity such as administration of estate of a deceased person, trust, mortgage, specific performance, maintenance of infant, dissolution of partnership, relief against fraud or mistake, distress, employees’ compensation cases (there is no limit on the amount claimed), sex discrimination, disability, race and family status discrimination cases, matrimonial cases including divorce, maintenance, custody and adoption of children (the Court which handles these types of cases is also known as the Family Court).

There are three main ways for the plaintiff to start a civil action: engage a lawyer, seek legal aid (jurisdiction-specific) or bring the Plaintiff’s own proceedings.

The guide also covers the locus(standing) of the plaintiff, identifying the plaintiff, statement of claim, writ or originating motion, service and filings, defending a civil action, no defence/settle before trial, trial, appeal and the execution of judgment.