Typical Court Action in England – Duplication of Work

by Peter Kralj, LL.B LL.M

Typical court actions in the English courts start with a visit by the claimant to a solicitor. The solicitor gathers and summarises the facts and gives his client an initial opinion. He arranges for his fees and probably extracts payment up front.

He will then write to the defendant, who will also appoint a solicitor. The two solicitors will then exchange numerous letters and communications regarding the matter.

The claimant’s solicitor will then seek advice from a barrister. The defendant’s solicitor will do likewise. They repeat the facts (2nd repetition) to their respective barristers and get their opinions. The solicitor should know the legal answers but the duplication is justified by the legal profession on the grounds that the solicitor is not an advocate.

If the matter is technical, the two solicitors will each retain an expert.

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