What Happens During a Long-Running Legal Case?

Some legal cases can be resolved relatively quickly, while others may continue for months or years because of the evidence involved, the number of parties, the complexity of the legal issues or the court procedures that need to be completed.

A case taking a long time does not necessarily mean that nothing is happening.

Complex litigation can involve lengthy periods of investigation, obtaining records, considering expert evidence, dealing with procedural applications, complying with court directions and negotiating with other parties.

For a client, however, periods where progress is less visible can understandably be frustrating. Knowing what may be happening behind the scenes can make the process easier to understand.

Why Do Some Legal Cases Take a Long Time?

There is no single reason why a legal case may become long-running.

The length of proceedings can be influenced by factors including:

• the complexity of the legal and factual issues;
• the amount of evidence that needs to be obtained;
• the number of individuals or organisations involved;
• whether expert evidence is required;
• the availability of witnesses or records;
• disputes about evidence or procedure;
• applications that need to be determined by the court;
• the timetable set for different stages of the proceedings;
• opportunities for negotiation or settlement; and
• whether the case ultimately needs to proceed to a full hearing or trial.

Two cases involving apparently similar legal issues can therefore develop very differently.

What Happens at the Beginning of a Complex Case?

The early stage is often about understanding what happened and identifying the legal issues that need to be investigated.

This can involve taking detailed instructions from the client, reviewing documents already available, identifying potential witnesses and deciding what further information needs to be obtained.

Depending on the type of case, relevant material could include medical records, correspondence, photographs, financial documents, public authority records, contracts, reports or other evidence.

At this stage, a solicitor may not yet be able to give a definitive view on every aspect of the case because important evidence may still need to be obtained.

Why Can Gathering Evidence Take Time?

Evidence is often one of the most important reasons why substantial legal cases take time to investigate properly.

Documents may be held by hospitals, public authorities, businesses, other parties or third parties. Some cases involve records covering many years.

The material then needs to be reviewed and considered in the context of the legal issues in dispute.

A large volume of evidence does not simply need to be collected. It may need to be organised, compared against witness accounts, considered alongside expert opinion and assessed for its relevance to particular issues in the case.

Our guide to the management of complex legal cases in Northern Ireland explains how these different elements may fit together.

What Happens If Expert Evidence Is Required?

Some cases involve questions that cannot properly be answered without specialist professional knowledge.

Examples can include medical causation, future care requirements, engineering issues, financial losses or another technical subject.

An appropriate expert may need to be identified, formally instructed and provided with relevant records and clear questions to address.

The expert then needs sufficient time to review the evidence and prepare an independent opinion.

Further questions may arise after the report is received. Additional evidence might also become available, or experts instructed by different parties may need to discuss the issues on which they agree and disagree.

Our separate guide explains the role of expert evidence in complex litigation.

Can a Case Be Active Even When Nothing Appears to Be Happening?

Yes.

One of the difficult aspects of long-running litigation for clients is that some important stages are not particularly visible from outside the legal process.

There may be periods when solicitors are waiting for records, an expert report, information from another party, a response to correspondence or a court direction.

At other times, substantial work may be taking place reviewing documents, preparing evidence, considering legal arguments or discussing procedural issues without an immediate event that the client can see.

This is why communication can be particularly important during a lengthy case.

What Are Pleadings?

In civil litigation, formal documents may be used to set out the parties' respective cases.

These documents can identify the allegations being made, the factual basis of the claim or defence and the legal issues in dispute.

The terminology and documents involved vary depending on the type of proceedings.

As the case develops, further clarification or amendments may sometimes be required if new information emerges or the issues become more clearly defined.

What Is Discovery?

Discovery is a process through which documents relevant to civil proceedings may be identified and disclosed between the parties, subject to the applicable rules and any issues such as privilege.

In a straightforward dispute, the amount of relevant material may be relatively limited.

In complex litigation, however, discovery can involve substantial quantities of correspondence, records, electronic documents and other material.

The scope and management of discovery can itself become an important procedural issue, particularly where several parties or large volumes of documents are involved.

What Are Court Directions?

The court may give directions setting out steps that the parties need to complete and the timetable within which those steps should take place.

Depending on the proceedings, directions might address matters such as:

• disclosure or discovery of documents;
• witness evidence;
• expert reports;
• meetings between experts;
• procedural applications;
• preparation for trial; and
• future review or hearing dates.

Directions help organise the litigation and identify what needs to happen before the case can progress to its next stage.

What Happens If One Side Does Not Agree About the Procedure?

Disputes can arise during a case about what information should be disclosed, what evidence is required, whether an application should be allowed or how another procedural issue should be dealt with.

Some of those disagreements can be resolved between the parties.

Others may require an application to the court and a judicial decision.

These are sometimes referred to as interlocutory issues because they arise during the proceedings before the final determination of the overall case.

Resolving an important procedural dispute can add time to proceedings but may be necessary for the case to move forward fairly.

Can a Long-Running Case Still Settle?

Yes.

A case does not necessarily have to proceed all the way to trial simply because proceedings have been underway for a long time.

Negotiations can potentially take place at different stages.

The parties' positions may change as evidence develops, expert reports are obtained or particular legal issues become clearer.

Alternative dispute resolution may also be considered in appropriate cases.

Whether settlement should be pursued, and on what terms, depends on the circumstances and the client's objectives.

What Happens When New Evidence Changes the Case?

A complex case can develop significantly over time.

A witness statement, newly obtained record, expert opinion or document disclosed by another party might clarify an issue or raise a question that had not previously been apparent.

The legal team may then need to reconsider part of the evidence or strategy.

This does not necessarily mean the earlier approach was wrong. Litigation often develops as the evidential picture becomes more complete.

It is important that strategy remains responsive to the evidence rather than treating assumptions made at the beginning of the case as fixed.

Why Can Medical Cases Take Particularly Long?

Some medical negligence and serious injury cases involve especially detailed evidence.

Large medical records may need to be obtained and reviewed. Several different medical disciplines can sometimes be relevant, and separate expert opinions may be required on issues such as breach of duty, causation, prognosis, future treatment and care.

In cases involving serious or continuing injury, it may also be necessary to understand how a person's condition develops before the long-term consequences can be properly assessed.

You can find further information about medical negligence claims and the different stages that may be involved.

What Happens Before a Trial or Final Hearing?

If a case cannot be resolved and is proceeding towards a final hearing, there can be a significant amount of preparation beforehand.

This may involve ensuring that evidence is complete, finalising witness statements or reports, identifying the issues that remain in dispute and preparing documents for the court.

Depending on the type of proceedings, the court may also hold a pre-trial review or other case management hearing to ensure that the case is ready to proceed.

Not every long-running case reaches this point. Cases can conclude through settlement, withdrawal, an earlier legal determination or another outcome depending on the circumstances.

Will I Have to Attend Court?

Not necessarily.

Many steps in litigation are dealt with by solicitors, barristers and the court without the client being required to attend every procedural hearing.

If evidence from the client is required at a final hearing or another stage, the legal team should explain what will happen and how to prepare.

The position varies considerably depending on the type of case and the issues that remain disputed.

How Often Should I Hear From My Solicitor?

Clients should not have to guess whether their case is still progressing simply because a legal process takes time.

At P.A. Duffy & Co, cases are normally subject to quarterly review, with a client update provided where appropriate as part of that process.

The firm also aims to respond to client telephone calls and emails within 24 hours.

There may be occasions when there is no major development to report, particularly where the legal team is waiting for evidence, an expert opinion or action by another party.

Even then, it can be useful for the client to understand what is outstanding and what the next expected step is.

Why Can't My Solicitor Tell Me Exactly How Long My Case Will Take?

Giving a fixed completion date at the outset of complex litigation can be misleading.

A solicitor does not control every part of the process.

Timing may depend on third parties providing information, experts completing reports, other parties responding, procedural disputes being resolved and the availability of the court.

The direction of the case may also change as new evidence becomes available.

Rather than offering a blanket timescale, it is often more useful to explain the stage the case has reached, what still needs to happen and which factors could affect the next stage.

Can Funding or Costs Change During a Long Case?

Costs can develop as the amount of work required becomes clearer.

A case that requires extensive records, several experts, additional applications or a lengthy hearing may involve different costs from a dispute that resolves at an earlier stage.

The way legal costs are funded will depend on the particular matter and the funding arrangements available.

Our Knowledge Centre guide provides a separate overview of funding and costs in complex legal claims.

What Can I Do While My Case Is Ongoing?

Clients can help their legal team by keeping relevant documents, responding to requests for information and telling their solicitor if important circumstances change.

Depending on the case, it can also be important to retain correspondence, photographs, receipts, medical information or other records that may later become relevant.

If you receive correspondence directly from another party, insurer, public authority or legal representative concerning the case, you should generally provide it to your solicitor rather than assume that they have received the same material separately.

What If I Don't Understand What Stage My Case Has Reached?

Ask.

Complex litigation can involve terminology and procedural stages that are familiar to lawyers but unfamiliar to clients.

You should be able to understand, in practical terms, what has happened so far, what the legal team is currently doing and what the next significant step is expected to be.

Our guide to what to expect when you instruct P.A. Duffy & Co explains how cases are allocated, who normally remains involved and how we communicate with clients.

Long-Running Legal Cases and P.A. Duffy & Co

Long-running litigation can require patience, careful evidence management and a legal strategy that develops as the case progresses.

The fact that a case is complex does not mean that every possible procedural step should automatically be taken. The work carried out should remain relevant to the issues and proportionate to what the case requires.

P.A. Duffy & Co advises clients in substantial matters including medical negligence, serious personal injury, human rights and public law, inquests and other complex litigation.

Where proceedings continue over an extended period, our aim is to ensure that clients understand the stage their case has reached, what work is being carried out and what the next steps may involve.

Frequently Asked Questions

Why can a legal case take several years?

Complex cases can involve substantial evidence, multiple parties, expert reports, procedural applications and court timetables. The time required depends on the particular circumstances and there is no single timescale that applies to every case.

Does a long period without a court hearing mean nothing is happening?

No. Work may still be taking place to obtain and review evidence, prepare expert reports, respond to other parties, comply with court directions or resolve procedural issues even where there has not recently been a hearing.

Can a case settle after it has been running for a long time?

Yes. Settlement can potentially occur at different stages of proceedings. The parties' positions may change as evidence develops, expert opinions are obtained or the issues in dispute become clearer.

How often will P.A. Duffy & Co update me about my case?

Cases are normally subject to quarterly review, with a client update provided where appropriate. P.A. Duffy & Co also aims to respond to client telephone calls and emails within 24 hours.

Can my solicitor tell me exactly when my case will finish?

It is often not possible to give an exact completion date for complex litigation because timing can depend on evidence, experts, other parties, procedural issues and the court timetable. Your solicitor can instead explain the stage reached and the next steps expected in your case.