The term used to describe a disagreement between two parties that requires legal intervention. One of the most common methods for resolving a dispute is through litigation. This is the default method of resolving disputes in both England and Wales, often through High Court litigation. Litigation is presided over by a judge. The judge does not perform an investigative role but possesses a significant role in deciding the outcome of the dispute.
During a dispute, both parties must plead their case using the rule of probabilities. Essentially, a dispute is ultimately resolved by the court favouring which occurrence was more likely than not.
Ultimately, after hearing from both sides of the dispute, the judge will offer the final verdict. In most cases, this verdict is definitive and cannot be challenged. It is the role of the judge to act with total impartiality, observing all the evidence entirely objectively and basing their final ruling off of that information alone.
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