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How to Start a Civil Claim
Key steps for initiating legal proceedings in England and Wales
Civil claims · Factsheet 9 of 17
Online Claim Options
1. Money Claims (up to £10,000):
- For litigants in person
- Excludes personal injury claims
- Offers free telephone mediation
2. Money Claim Online (MCOL) (up to £100,000):
- For specified money claims
- Max two defendants
- Excludes personal injury claims
Paper Claim Form (N1)
- Required for personal injury claims
- Used when online options not suitable
- Key sections:
- Defendant details (accurate name/address)
- Brief details of claim
- Value of claim
- Attach Particulars of Claim if separate
- Include medical report for personal injury
Key Documents
1. Particulars of Claim:
- Concise statement of facts and law
- Explain basis of claim and remedy sought
2. Schedule of Loss (if applicable):
- List of losses and expenses claimed
- Include past and future losses
3. Medical Report (for personal injury):
- Details of injury and prognosis
Fees and Submission
- Court fee required to start claim
- Fee depends on claim value
- Help with Fees available for low income
- Submit to:
- Online system for digital claims
- Civil National Business Centre for paper money claims
- Local court for non-money claims
After Submission
- Court issues Notice of Issue
- Claim served on defendant
- Defendant has set time to respond
- Possible outcomes:
- Defendant admits claim
- Defendant disputes claim
- No response (default judgment possible)
- Mediation may be offered
Important Considerations
- Check time limits for making claim
- Ensure claim is within court’s jurisdiction
- Consider pre-action protocols
- Assess strength of evidence
- Be aware of potential costs
- Consider alternative dispute resolution
- Seek legal advice if unsure
Stopping a Claim
- Can stop claim at any time using ‘notice of discontinuance’ (Form N279)
- Claimant may be responsible for all legal costs up to that point
- For small claims, usually only responsible for own costs
- Consider negotiating costs with opponent before discontinuing
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