Let's consider the example of a commercial dispute without electronic evidence but simply with an exchange of letters, contracts, delivery notes etc. Suppose a medium sized company in England called X got into a dispute with another company in England called Y. X decides that it needs to go to litigation and goes to see its lawyers, termed solicitors. It sets out the facts, producing copies of correspondence from its files. These documents would be copied for the solicitors who would advise upon them. The solicitors might decide that the matter required the views of another lawyer, a barrister or 'counsel', who would be able to give a more objective view of the likely prospects of success in the litigation and would be particularly familiar with drafting of claims and arguing of cases in court. Meetings would take place and potential witnesses would be identified and 'proofed' (a note taken of the evidence they would be likely to give if the matter came to trial).

At this stage under reforms made by Lord Woolf some ten years ago the solicitors would be required to send a Letter of Claim to the other side, setting out the facts as known to them, the allegations and the relief and damages sought. This requirement is termed a "Pre-Action Protocol". Failure to comply with Pre-Action Protocols" can result in costs being awarded at trial against a winning claimant, simply for not giving the other side the opportunity of settling the matter without litigation.

If it were decided to proceed with litigation and there has been an unsatisfactory response to the Letter of Claim, then a barrister would be instructed to draft the Writ and Statement of Claim. These formal documents, called 'pleadings' would set out the facts alleged by Company X. The drafts would be approved, stamped by the court authorities (for a fee) and then served upon Company Y. The litigation process would then have commenced and the court would thereafter take an interest in the matter - requiring matters to be proceeded with in a timely manner.

Company Y would acknowledge receipt of the Writ and Statement of Claim and instruct its solicitors to defend the action. Company Y would produce copies of correspondence from its files for its solicitors, which would be photocopied. They would be advised on their likely prospects of success or whether the matter should be settled. Proofs of evidence from potential witnesses would be taken. If the case was not to be settled then a barrister would be instructed to settle the Defence, another 'pleading', which would be served upon the solicitors to Company X.

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