If I Have a Really Good Claim or Defence, Does There Still Need to Be a Trial?

If you have a strong claim or defence, you might wonder if a hearing is needed before it can be resolved. However, even the most solid cases can raise factual and legal issues that the court must consider. 

As specialist litigation solicitors we ask and answer these questions and similar issues in virtually every single matter every single day where we’re instructed to advise. Getting to the point quickly and succinctly, assessing cost; benefit and litigating aggressively where appropriate are all fundamentally important skills you will need and value if you’re in a dispute. 

There are two main ways you can use your position to avoid a contested hearing:

• Positioning for settlement.

Settlement doesn’t just happen. There is significant public policy support for alternative dispute resolution (ADR), such as negotiation, mediation, or arbitration. The aim is to keep disputes out of court if possible. Whilst that may sound positive, the reality is that if you think you have a really good claim or defence thats one thing- but the really important question is whether your opponent also understands that. In situations where you say one thing and they say/think something else- your view alone is unlikely to be sufficient. This starts to explain one aspect of the value in instructing solicitors- being seen to be taking a dispute seriously, to be incurring costs, to have detailed accurate analysis, and to be positioning yourself to win. Its by taking these steps and visibly being proactive and aggressive as appropriate, that you start to position yourself to settle for settlement. ADR processes are all viable and helpful processes that can avoid the need for, and stress of, litigation, but there is no magic in any one process and without positioning yourself correctly in advance, you won’t settle and there will be a trial. Settlement allows you to resolve matters outside of court, saving time and costs, but it only happens where there is an agreement.

If you have a good case it’s fundamentally important to accurately and consistently communicate that to the opponent so they agree to terms that are favourable to you, and help you avoid need for a trial. 

• Pursuing Summary Judgment.

If the other party has no reasonable prospect of succeeding in their claim or defence, you can apply to the court for summary judgment. This is an interim application where the court review what the position is and consider if the claim or defence should proceed further. The court must also be satisfied that there’s no other compelling reason why the case should be dealt with at trial.

Applications, especially for summary judgment, should be approached carefully, as losing a summary judgment application (and any application) can result in cost consequences and increased hostility in continuing court proceedings. The courts generally speaking don’t order summary judgment where there are outstanding questions of fact that need to be considered by the trial judge. 

1. Strike Out

The court can strike out a statement of case that discloses no reasonable grounds for bringing or defending the claim or is an abuse of process. Strike out is appropriate where the problem is one of pleadings or legal viability, rather than evidential evaluation. 

2. Default Judgment

If a defendant fails to acknowledge service or file a defence on time, you may be entitled to default judgment. There is no merits-based assessment here, and it is important to act promptly and correctly.

Strategic Considerations

Whether to pursue settlement or the above applications is a strategic decision informed by timing, evidence, and costs. Costs risks and prospects of success should be weighed carefully. While a strong application can be decisive, an unsuccessful one may have cost consequences and lead to delay. On the other hand, settlement offers can put the other side at costs risk if they are unreasonably refused and you subsequently achieve an equal or better outcome.

When a Trial May Still Be Needed

Even strong cases can require a trial if there are genuine factual disputes requiring oral evidence or expert input or when an opponent is unreasonably refusing to settle, even though its clear they should. In such circumstances, early applications may still be used to narrow the issues and control costs, while settlement should be left possible and available throughout.

Practical Next Steps

If you have a strong claim or defence, consider early, case‑specific advice from specialist litigation solicitors on the most effective route for you to resolve the dispute. Some options may not have been fully or properly considered, even by other non-specialist solicitors. Our specialist commercial, property and construction litigation teams will be happy to help whatever your situation or circumstances. You should always seek legal advice on the appropriate procedure to ensure you don’t prejudice your position, before taking substantive steps so you’re clear where you stand.