Initiating legal proceedings can be challenging, particularly for those representing themselves. This guide outlines the key steps and considerations for starting a civil claim in England and Wales, aimed at helping litigants in person navigate the process confidently.
(Note: This guide focuses on England and Wales. Scotland and Northern Ireland have separate legal systems and procedures.)
Online Claim Options
Money Claims (up to £10,000)
- Designed for litigants in person
- Excludes personal injury claims
- Offers free telephone mediation
The Money Claims service is designed for claims under £10,000 and excludes personal injury. The process is straightforward and accessible online. More information can be found on GOV.UK.
Money Claim Online (MCOL) (up to £100,000)
- For specified money claims
- Maximum of two defendants
- Excludes personal injury claims
For claims involving larger sums (up to £100,000), Money Claim Online (MCOL) allows you to issue proceedings against up to two defendants online. This service is convenient for more complex cases. Find details at Money Claim Online.
Both services comply with Civil Procedure Rules (CPR) Part 7 for starting proceedings.
Paper Claim Form (N1)
- Required for personal injury claims
- Used when online options are unsuitable
If online options are not appropriate, such as in personal injury cases, you must use the N1 Claim Form. You can download the form from the GOV.UK website.
Key sections include:
- Defendant details (accurate name and address)
- Brief details of the claim
- Value of the claim
Ensure you attach the Particulars of Claim if separate, and include a medical report for personal injury claims.
Key Documents
Particulars of Claim
- A concise statement of facts and law
- Explains the basis of the claim and the remedy sought
Schedule of Loss (if applicable)
- A detailed list of losses and expenses claimed
- Includes both past and future losses
Medical Report (for personal injury)
- A summary of the injury and its prognosis
These documents must comply with CPR Part 16 (Statements of Case) to be accepted in court.
Pre-Action Protocol
Before starting a claim, you must follow the relevant pre-action protocol. For debt claims, the Pre-Action Protocol for Debt Claims is mandatory in England and Wales. This involves sending a Letter Before Claim and allowing the debtor a set time to respond. Failure to follow the correct pre-action protocol may lead to sanctions or the claim being struck out.
Sample Letter Before Claim
[Your Name]
[Your Address]
[Date]
[Defendant’s Name]
[Defendant’s Address]
Dear [Defendant’s Name],
Re: [Your Name] v [Defendant’s Name] – Outstanding Debt of £[Amount]
I write regarding the sum of £[Amount], which remains unpaid. This amount includes:
- Principal debt: £[Principal Amount]
- Accrued interest: £[Interest Amount], calculated at the Official Bank of England Dealing Rate plus 8%, under the Late Payment of Commercial Debts (Interest) Act 1998.
- Fixed costs: £[Fixed Sum], as provided by the Act.
You are required to settle this debt by [Time and Date]. If payment is not received by this deadline, I will issue court proceedings without further notice. In such proceedings, I will seek to recover the debt plus any court fees, solicitor’s costs, and additional interest from the date the debt became overdue until full payment is made.
You should also be aware that you can obtain free and independent advice from the following organisations:
Free and Independent Advice Organisations
Organisation | Address | Telephone Number | Website |
---|---|---|---|
National Debtline | Tricorn House, 51-53 Hagley Road, Birmingham, B16 8TP | 0808 808 4000 | www.nationaldebtline.org |
StepChange | [See website for details] | 0800 138 1111 | www.stepchange.org |
Citizens Advice | [Check your local directory for details] | [Varies by location] | www.citizensadvice.org.uk |
Community Legal Advice | [See website] | 0845 345 4345 | www.communitylegaladvice.org.uk |
Additionally, you are encouraged to review the Civil Procedure Rules Practice Direction: Pre-Action Conduct, which explains the steps you should take before court action, including attempting to resolve the dispute through negotiation or Alternative Dispute Resolution (ADR).
If you wish to discuss payment arrangements, please contact me at [Your Contact Details].
Yours sincerely,
[Your Name]
Fees and Submission
To start a claim, a court fee is required. The fee is determined by the value of your claim:
- Up to £300: £35
- Between £300 and £500: £50
- Between £5,000 and £10,000: £455
- Over £10,000: 5% of the claim’s value, capped at £10,000
For those on a low income, Help with Fees is available. You can apply through the GOV.UK website.
You can submit your claim via:
- The online system for digital claims
- The Civil National Business Centre for paper money claims
- Your local court for non-money claims
After Submission
Once the claim is submitted, the following steps occur:
- The court issues a Notice of Issue.
- The claim is served on the defendant.
- The defendant has a set time to respond, as per CPR Part 15.
Potential outcomes include:
- The defendant admits the claim.
- The defendant disputes the claim.
- No response from the defendant, leading to a possible default judgment.
During this process, mediation may be offered to resolve the dispute without going to trial.
Important Considerations
Before proceeding, keep in mind the following:
- Time Limits: Ensure you are within the time limits set by the Limitation Act 1980.
- Jurisdiction: Verify that your claim is within the correct court’s jurisdiction.
- Pre-Action Protocols: Comply with the appropriate protocol to avoid penalties.
- Evidence: Assess the strength of your evidence before submitting your claim.
- Costs: Consider the potential costs involved. The UK generally follows the “loser pays” principle, though small claims typically limit cost recovery.
- Alternative Dispute Resolution (ADR): Consider ADR options, such as mediation, which may save time and costs compared to going to trial.
- Legal Advice: If uncertain, seek legal advice to ensure your claim is correctly structured.
Stopping a Claim
If you decide to discontinue the claim, you can file a Notice of Discontinuance (Form N279). Be aware that you may be liable for any legal costs incurred by the other party up to that point.
In small claims, each party typically bears their own costs, but negotiating costs with your opponent before discontinuing is advisable.
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Public Interest Statement
This guide aims to provide essential information for individuals seeking to represent themselves in civil litigation in England and Wales. As access to justice can often be expensive and complex, this resource simplifies the legal process, offering step-by-step instructions, practical advice, and support tools for litigants in person. By focusing on public interest, the guide helps to empower individuals with the knowledge they need to navigate the legal system effectively, including understanding their rights, options for alternative dispute resolution, and access to free and independent legal advice. This guide promotes transparency in the civil litigation process and encourages fair, informed legal actions, benefitting both claimants and defendants by ensuring compliance with UK legal standards.
Disclaimer
The information provided in this guide is for general informational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy, laws and regulations may change over time, and the content may not reflect the most current legal developments. Readers are encouraged to consult with a qualified legal professional for advice tailored to their specific circumstances. This guide is not intended to replace professional legal counsel. The author and publisher disclaim any liability for any reliance placed on the information provided, including actions taken or refrained from based on its content.