Resource hub · Factsheet
Court Procedures to Know Before Suing Someone
Key considerations for civil claims in England and Wales
Civil claims · Factsheet 8 of 17
Civil Procedure Rules (CPR)
- Court rules you must follow when suing someone
- Explains what to do and when
- Includes Practice Directions for additional guidance
- Not following rules can lead to financial penalties, loss of rights, or losing your case
- Focus on rules relevant to your specific case
Pre-Action Protocols
- Procedures to follow before starting court proceedings
- Specific protocols for different types of cases
- Aims: Encourage early information exchange, settlement attempts, and efficient case management
- Failure to follow can result in court sanctions
- Check if a specific protocol applies to your case
Letter of Claim
- Also known as ‘Letter Before Action’
- Detailed letter to the other party before court action
- Explains the problem, potential court action, and desired resolution
- Follow template in pre-action protocol if available
- Allow time for the other side to investigate and respond
Court Forms and Fees
- Many claims can be made online
- Paper forms available if preferred
- Key forms: Claim form (N1), Response pack (N9), Application notice (N244)
- Court fees apply at various stages of the case
- Fee help available for low income or benefits recipients
Case Timelines and Costs
- Small claims: ~1 year from start to final hearing
- Fast track and higher value claims take longer
- Costs include: Court fees, expert fees, expenses, travel costs, potential loss of earnings
- Small claims: Limited cost recovery if you win
- Fast track: Winner usually recovers some costs
Legal Aid and Funding Options
- Legal aid: Limited availability, means-tested
- Conditional fee agreements (‘no win, no fee’)
- Damages-based agreements
- Legal expenses insurance (check existing policies)
- Trade union or professional organization support
- Consider funding options before proceeding
Key Considerations Before Suing
- Attempt alternative dispute resolution before court action
- Assess likelihood of success and if legal action is worth it
- Understand and follow relevant pre-action protocols
- Gather and organize evidence early
- Be aware of time limits for starting your claim
- Consider potential costs and how to fund your case
- Seek legal advice if unsure about any aspect of your case
Reviewed
August 2026
Source
Download this factsheet as a PDF
8-Things-you-need-to-know-about-court-procedure-before-you-sue-someone.pdf · 1 page
If a factsheet is not enough
A factsheet explains how a process works. It cannot tell you what to do in your own matter — that turns on facts only a person reading your papers can establish.
Get my free written assessment
Or go back to all 25 factsheets
A court date within days? Say it first on the contact form Need help tonight? Samaritans, any time — 116 123
Factsheets are free to every reader. If this one helped you, you can support Legal Lens.
Disclaimer: This factsheet provides general information only and does not constitute legal advice. Laws may vary and change over time. Consult a qualified legal professional for advice specific to your situation. See the terms of use.