In England and Wales, the equivalent of a “lawsuit” is known as a civil claim or civil proceeding. This occurs when a claimant (formerly “plaintiff”), who alleges they have suffered loss or harm due to the actions of a defendant, initiates legal proceedings in a court typically the County Court or the High Court (for higher‑value or more complex cases).
The process begins with the claimant issuing a Claim Form accompanied by Particulars of Claim, which set out the basic facts and legal basis of the claim. The defendant must then file a Defence within a specified period usually 14 to 28 days either admitting the claim, defending it, or serving a counterclaim.
If the claimant succeeds, the court may issue:
- Damages (financial compensation), intended to put the claimant in the position they would have been in but for the defendant’s actions.
- Injunctions, which can be temporary or permanent, to either restrain (prohibit) or compel certain conduct.
- A declaration of rights (declaratory judgment), which formally clarifies the legal positions or rights of the parties and can help prevent future disputes.
These are all civil remedies available under UK court practice.
Civil claims can arise from disputes between private individuals, businesses, charities, or from actions involving the State — for example, when governmental bodies are parties in disputes over injury, regulatory compliance, or statutory enforcement. In such cases, the State may act as a claimant or defendant in civil proceedings.
The conduct of a civil claim is termed litigation, and the participants are known as litigants. Those representing them, whether solicitors or barristers (often called “counsel”) are collectively referred to as litigators. Although “litigation” can broadly encompass criminal trials, in practice, criminal matters in England and Wales follow a separate procedure in the Magistrates’ Courts or Crown Court.