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After You Start a Civil Claim
Key steps and processes following claim initiation
Civil claims · Factsheet 10 of 17
Allocation
- Court decides which ‘track’ your case follows:
- Small claims track (usually ≤£10,000)
- Fast track (£10,000 – £25,000)
- Intermediate track (£25,000 – £100,000)
- Multi-track (complex cases or >£100,000)
- Factors: claim value, complexity, evidence needed
- Notice of proposed allocation sent to both parties
- Directions questionnaire to be completed
Directions
- Court’s instructions for case management
- Typically covers:
- Disclosure of evidence
- Exchange of witness statements
- Expert reports (if applicable)
- May be issued without a hearing
- Case management conference for complex cases
- Follow instructions in the specified sequence
Disclosure and Inspection
- Process of sharing evidence with the other party
- Small claims: Send copies of all documents
- Fast track: Create a list of documents (Form N265)
- Must disclose all relevant documents, even if unfavorable
- Privileged documents can be withheld (e.g., legal advice)
- Ongoing obligation to disclose new relevant documents
- False disclosure statements can lead to legal consequences
- Exchange copies, not originals
- Consider seeking legal advice for complex disclosure issues
Pre-Trial Checklist
- Not required for small claims track
- Also known as ‘listing questionnaire’
- Informs court about:
- Remaining preparation tasks
- Number of witnesses
- Expert evidence agreements
- Representation status
- Estimated trial duration
- Fast track cases usually expected to last one day or less
- Small claims often listed for 1-2 hours
Dealing with Non-Compliance
- If other party doesn’t follow directions:
- 1. Try informal communication first
- 2. Keep records of all attempts to resolve
- 3. Consider applying for an ‘unless’ order
- If you can’t comply with directions:
- 1. Try to agree changes with other party
- 2. Apply to court if agreement not possible
- Court fee: £321 for an application on notice, £126 by consent or without notice (where no other fee is specified)
- Only court can change trial date
Additional Considerations
- Prepare a chronology of events
- Identify disputed points clearly
- Keep track of deadlines and court timetables
- Consider settlement options throughout the process
- Be prepared for possible mediation
- Organize documents chronologically
- Seek legal advice for complex issues
- Stay informed about any rule changes or updates
Key Tips
- Read all court orders carefully and follow instructions precisely
- Keep copies of all documents and correspondence related to the case
- Be proactive in preparing your case and gathering evidence
- Communicate clearly and professionally with the other party and the court
- Consider seeking legal advice at critical stages, even if representing yourself
- Stay organized and keep track of all deadlines
The PDF is retained as historical material: it shows a superseded fee (£275+). The current fees are £321 for an application on notice and £126 by consent or without notice, where no other fee is specified. Checked against gov.uk (EX50) on 6 August 2026.
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