I am not a lawyer, but I do find the study of law interesting.

So, in my simple way, I looked up the definition of 'litigation':

noun
1. the act or process of bringing or contesting a legal action in court
2. a judicial proceeding or contest

If two parties are not in agreement, then they must argue their case in court and the court will decide the final outcome: "process of contesting"

However, if the parties agree to a settlement, then the issue is not contested and is taken to court only for the purpose of receiving a judicial approval of the settlement: "process of bringing/a judicial proceeding".

In this case "non-contentious litigation" may mean "a claim and settlement that is not contested by either party".

Just my best guesses...

Hi Alina

I agree with you (I am a UK qualified lawyer and native English speaker). I can think of certain types of case that might be dealt with by the Court that are non contentious. For example where the Court is asked by the parties to approve a settlement in order to protect the interests of a child. However, I would interpret "litigation" as being by its nature contentious. I therefore suspect that the word litigation was used in error here. Perhaps the writer meant "non contentious matters".

I realise that there is a risk that my response will provoke an avalanche of responses from other lawyers who disagree. Lawyers love to argue...

In response to Alina's request for real-life examples in English civil law, Catherine's example in the first comment is a good one.

To give a specific example of a case involving children, if a child is injured in an accident, his or her parents pursue the claim for compensation.  If both sides agree on a settlement amount, a judge normally then has to approve this settlement in a short hearing.  The judge makes sure that the compensation amount is a fair one, and then orders that the money should be kept in a designated court bank account until the child reaches the age of 18.

Another case is custody proceedings.  For example, a child becomes an orphan.  An aunt agrees to become the legal guardian of the child.  There is no argument.  A judge would approve this in a short court hearing.

Sometime people die without any known relatives or a will.  The property of the deceased would then pass to the government. The government would need to apply to the court for an order to administer the estate of the deceased and collect the proceeds.

There are probably numerous other examples in the CPR. 

I would agree with Richard that "litigation" refers to all matters which are dealt with by courts, some of which (like those above) are classified as non-contentious.

Alina

You are in luck.

I was hoping that Michael would comment on your question because he is a lawyer and from England as is your CUP law book.

Again, I must say that I'm not a lawyer, but I don't know any examples. I'm sorry I can not help you more. I think you need to ask a lawyer.