What Procedural Steps do I Need to Take?

Notification

Consider whether to notify the defendant corporation that you are going to bring a claim. In some cases, it may be unwise to do this if there's a risk the defendant will destroy important evidence and/or remove assets from the country in question.

File your claim

File your case in court within the relevant time period after the harm occurred. This could involve giving the court a "claim form".

Present your statement of claim

Present your grounds for the claim to the court, which will be shared with the defendants. This document is referred to as a "statement of claim", "statement of case", "particulars of claim" and "complaint". These documents and your claim form will then have to be shared with or "served" upon the defendant.

The defence

The defendant will provide a "defence" which outlines their arguments They may say your version of events is wrong, argue their actions were not unlawful, or argue you cannot bring your case due to procedural reasons.

Interim Applications

Consider whether to apply to the court to freeze the defendant's assets, force the defendant to disclose key documents/evidence in their possession, or apply for permission to use expert witnesses. Sometimes these need to be made immediately when you file your case.

Interim Hearings

There may be "interim hearings" on relating to interim applications, specific legal or evidential issues before trial. For example, the defendant may apply for your case to be dismissed before trial. This could lead to a "mini trial" to see if your case has some chance of success.

Disclosure

The defendant and you may be asked to exchange evidence you rely on If you are using witnesses, you will usually need to include what they are going to say in a "witness statement"

Trial

Once evidence has been exchanged, the court will generally notify the parties of a date for the main court hearing (sometimes called the "trial"). At trial, you will present your arguments, the judge will ask questions, witnesses will give oral evidence and can be questioned by the lawyers. The court then makes its decision.

Judgment

Once the main trial is over, the judge will consider each of the parties' arguments and form a decision, often in the form of a "judgment".

Appeal

The losing party generally will have the right to appeal this judgement before a higher court.

Notify the defendant

Write a formal letter to the proposed defendant setting out the proposed claim and what you wish to achieve. A response is usually requested from the defendant.

File your claim form

Submit your "claim form" to court within the required "time period" (there is usually a number of months of years after the incident within which you must file your claim).

Present your statement of claim

Present your grounds for the claim to the court, which will be shared with the defendants. This document can be referred to as a "statement of claim", "statement of case", "particulars of claim" and "complaint". This then have to be shared with or "served" on the defendant.

The permission phase

In some countries, you have to apply for permission to bring a public law claim. This is a process where your claim is vetted to see if it's credible or has reasonable prospects of success before the defendant has to respond. The defendant can present arguments at this stage. In other countries, the claimant does not have to apply for permission but the defendant can make an application to dismiss the case or apply for summary judgment. The court will then decide whether the case is sufficiently credible or has reasonable prospects of success in order to decide whether to allow it to continue.

The defence

Defendants will then have a chance to explain their position. They can either accept all or part of your claim, or deny your version of events in full. This document is known as the "defence".

Disclosure or exchange of evidence

You and the defendant may be asked to share the evidence you are relying with each other. If you are using witnesses, you will usually need to include what they are going to say in a "witness statement" or "affidavit".

Notification of a hearing date

The Hearing

At the hearing, you will present your arguments, including a review of the key evidence already likely filed with the court, witnesses may give oral evidence and can be questioned by the lawyers. The court then makes its decision.

Appeal

The losing party generally will have the right to appeal this judgement before a higher court.