How to Start a Civil Claim in England and Wales: A Guide for Litigants in Person

Before issuing

Issuing a claim is not just filling in a form. It starts formal proceedings and can create costs, deadlines, service obligations and procedural risk. For a litigant in person, the safest starting point is to pause and test the claim before it is filed.

The first question is whether the claim is ready. That means identifying the defendant, the legal basis of the claim, the facts relied on, the remedy sought, the value of the claim, the limitation position, the evidence, and the correct court or online route.

Litigants in person often focus on the story. The court needs more than the story. It needs a properly framed claim: who is suing whom, what legal duty or obligation is relied on, what facts are said to prove breach or liability, what loss or remedy is claimed, and what documents support the case.

Some claims are urgent. Some claims must be issued quickly because of limitation. But urgency does not remove the need to choose the correct procedure or prepare the documents properly.

Choosing the right route

For money claims, GOV.UK explains that a person can apply to a county court to claim money owed by a person or business, and that a claim can be made online or by post. The online route is not suitable for every claim.

The current online money-claim guidance distinguishes between claims of £25,000 or less, which are handled through the newer Civil Money Claims service, and claims above that level, where different support is given through Money Claim Online. If the amount is unknown, or if the claim is unsuitable for online issue, the paper route may be needed.

Form N1 is the general claim form for making a claim against a person or organisation under CPR Part 7. It is used to identify the parties, the brief details of the claim, the remedy sought, the value and the court fee.

The online and paper routes are not interchangeable in every case. Personal injury, housing, possession, injunction, defamation, judicial review, insolvency, probate, specialist commercial and non-money claims may require different procedures or additional documents.

The claim documents

Under CPR Part 7, proceedings are started when the court issues a claim form at the request of the claimant. The claim form is therefore the procedural starting point of the case.

CPR Part 16 sets out core content requirements. The claim form must contain a concise statement of the nature of the claim, specify the remedy sought, and include a statement of value where the claim is for money. If the particulars of claim are not contained in or served with the claim form, the claimant must state that particulars will follow.

The particulars of claim are the more detailed explanation of the claim. They should include a concise statement of the facts relied on. Where interest is claimed, the particulars must explain the basis and calculation required by the rules.

A common error is to write particulars of claim as a grievance letter. That is not the function of the document. The particulars should identify the legally relevant facts. They should not include every background event, every accusation, or every piece of correspondence.

Another common error is claiming interest without explaining the basis. Interest may arise under a contract, statute or another basis. The correct basis should be identified rather than assumed.

Pre-action conduct

Before starting proceedings, parties are generally expected to exchange enough information to understand each other’s position, make decisions about how to proceed, try to settle the issues without proceedings, consider ADR, support efficient case management and reduce costs.

If a specific pre-action protocol applies, it should be followed. If no specific protocol applies, the Practice Direction on Pre-Action Conduct and Protocols gives the general framework. The court may take pre-action conduct into account when managing the case and when dealing with costs.

For debt claims, the Pre-Action Protocol for Debt Claims may apply. A claimant should check whether the defendant is an individual, sole trader, business, public body or company, and whether the debt protocol or another protocol applies. Debt claims should not be started from a generic letter without checking the applicable protocol.

Do not use a debt-letter template that claims statutory commercial interest unless that statute actually applies. The Late Payment of Commercial Debts (Interest) Act 1998 is not a general interest provision for every unpaid debt. It is mainly relevant to qualifying business-to-business commercial debts.

Pre-action correspondence should be firm but measured. A knowingly false statement in a pre-action letter or other document prepared in anticipation of proceedings can create serious consequences. A claimant should avoid exaggeration, unsupported allegations and artificial deadlines.

Fees and filing

A court fee is normally payable when a claim is issued. GOV.UK’s current money-claim fee table states that the fee depends on the amount claimed plus any interest. Current listed examples include £35 for claims up to £300, £455 for claims from £5,000.01 to £10,000, 5% of the claim for claims from £10,000.01 to £200,000, and £10,000 for claims over £200,000.

Fees change. A litigant should check the current GOV.UK fee page or EX50 immediately before issuing. If the claimant is on a low income or certain benefits, Help with Fees may be available. Where Help with Fees is being used, the correct online or paper process should be checked before the claim is filed.

Paper money claims are sent to the Civil National Business Centre unless another route applies. Non-money claims, specialist claims and claims requiring urgent relief may need to be filed elsewhere. A claimant should check the correct destination before sending documents and paying the fee.

Keep proof of filing, payment, posting, portal submission and any help-with-fees reference. If there is later a dispute about issue, service or payment, the record may matter.

After issue

After the claim is issued, the next steps depend on the route used, the court’s instructions, service arrangements and the defendant’s response.

The court may serve the claim form, or the claimant may be responsible for service. This distinction matters. If the claimant is responsible for service, the rules on method, address, time limit and proof of service must be followed carefully.

Once served, the defendant may admit the claim, file a defence, file an acknowledgment of service, make an application, contest jurisdiction, or fail to respond. CPR Part 15 provides that a defendant who wishes to defend all or part of a claim must file a defence. The general period for filing a defence is 14 days after service of the particulars of claim, or 28 days after service if an acknowledgment of service is filed.

Mediation may be offered in suitable money claims. Mediation can be quicker and cheaper than continuing to a contested hearing, but any settlement should be recorded clearly.

Risks and costs

Before issuing, a claimant should consider risk realistically. A claim may fail because it is out of time, brought against the wrong defendant, unsupported by evidence, pleaded incorrectly, issued in the wrong forum, or legally misconceived.

Costs risk also matters. England and Wales civil litigation is not cost-free. Small claims usually have limited costs recovery, but there are exceptions. Fast track, intermediate track and multi-track claims can carry much greater costs exposure.

Winning a judgment is not the same as being paid. If the defendant has no money, no assets, is insolvent, cannot be traced, or is outside the jurisdiction, enforcement may be difficult or uneconomic. Enforcement should be considered before issue, not only after judgment.

Stopping a claim

A claimant who no longer wants to continue may be able to discontinue all or part of the claim. The usual form is Form N279, notice of discontinuance, unless the court permits otherwise.

Discontinuance is not risk-free. CPR Part 38 provides the procedure and the costs consequences. In general terms, unless the court orders otherwise, a claimant who discontinues is liable for the costs incurred by the defendant against whom the claim is discontinued, although that general costs rule does not apply to claims allocated to the small claims track.

There may also be situations where permission, consent or careful drafting is needed before discontinuing, for example where an interim injunction, undertaking, interim payment, multiple claimants, settlement terms or related proceedings are involved.

The safest approach is to consider discontinuance, settlement and consent orders together. If the claim is being stopped because the parties have reached agreement, the written settlement terms should be clear about payment, confidentiality, costs, enforcement, discontinuance and timing.