Key Court Procedures to Know Before Suing Someone in England and Wales

Before going to court

Civil litigation can be necessary. It can also be expensive, slow, stressful and procedurally unforgiving. For litigants in person, the first task is not to issue a claim as quickly as possible. It is to decide whether the claim is ready, properly framed and worth pursuing.

A claimant should be able to answer six basic questions before proceedings are started: who is the correct defendant, what legal claim is being made, what facts support it, what evidence proves those facts, what remedy is sought, and whether the claim is in time.

Some disputes should be litigated. Others should be settled, mediated, referred to an ombudsman, pursued through a regulator, dealt with by complaint, or abandoned because the cost and risk outweigh the likely recovery.

This guide is for general civil litigation in England and Wales. It does not cover family proceedings, criminal proceedings, tribunal claims, judicial review, insolvency, possession, probate, defamation, or specialist proceedings except by way of general warning.

Civil Procedure Rules

The Civil Procedure Rules, usually called the CPR, govern most civil court proceedings in England and Wales. They are supported by Practice Directions, which give more detailed procedural guidance.

A litigant in person does not need to memorise the whole CPR. But they do need to identify the rules that matter to their case. A money claim, a personal injury claim, a housing claim, a professional negligence claim, a debt claim, a Part 8 claim and a claim requiring urgent interim relief may all raise different procedural requirements.

Failure to comply with the CPR, a Practice Direction or a court order can have consequences. Depending on the breach, the court may make costs orders, stay proceedings, impose sanctions, refuse evidence, strike out a statement of case, or require an application for relief from sanctions.

The key point is practical. Civil procedure is not optional background. It is part of the case.

Pre-action conduct

Before proceedings are issued, parties are generally expected to exchange enough information to understand each other’s position, consider settlement, consider ADR, support efficient case management and reduce the cost of resolving the dispute.

Some claims have a specific pre-action protocol. Examples include personal injury, professional negligence, construction, housing disrepair, debt claims and other specialist categories. If a specific protocol applies, it should be followed. If no specific protocol applies, the general Practice Direction on Pre-Action Conduct and Protocols provides the framework.

The court may take pre-action conduct into account when giving directions and when deciding costs. Refusing ADR unreasonably, ignoring correspondence, withholding key information or issuing prematurely can all create procedural risk.

Urgent cases are different. If a claim must be issued urgently because of limitation, an injunction, asset risk, safeguarding, or another pressing reason, the claimant may need to issue first and ask the court to stay or manage the proceedings while outstanding pre-action steps are addressed. That should not be treated as routine.

The letter of claim

A letter of claim, sometimes called a letter before action, is often the central pre-action document. It tells the proposed defendant what the claim is about and what the claimant wants.

A good letter of claim is firm, clear and measured. It should not be written as a rant, a threat, or a witness statement. It should explain the dispute well enough for the other side to investigate and respond.

For debt claims, do not rely on a generic template without checking whether the Pre-Action Protocol for Debt Claims applies. That protocol has specific information and response requirements.

Be careful with interest. Commercial interest under the Late Payment of Commercial Debts (Interest) Act 1998 is not a general interest rule for every unpaid sum. It applies only where its statutory conditions are met. A claimant should not include statutory interest wording unless the correct basis has been checked.

The tone matters. A letter before action can later be shown to the court. It should therefore be accurate, proportionate and capable of being defended if scrutinised.

Forms, fees and online routes

If pre-action steps do not resolve the dispute, the next question is how the claim should be issued. Many money claims can be started online. Others require a paper claim form or a specialist route.

For ordinary Part 7 claims, Form N1 is the general claim form. The claim form identifies the parties, the brief details of claim, the remedy sought and the value. The particulars of claim provide the concise factual basis of the claim and, where necessary, details of interest, loss and remedy.

Court fees are payable at issue unless an exemption, remission or Help with Fees route applies. Fees change. The safest practice is to check the current GOV.UK fee guidance or EX50 immediately before filing.

Keep proof of filing, payment, submission, posting and service. Procedural records can become important if there is later a dispute about when the claim was issued or served.

Timing, costs and funding

Litigation often takes longer than parties expect. The timetable will depend on the court, the type of claim, the track, the need for evidence, the availability of hearings, compliance by the parties and any settlement discussions.

Generic timescales can mislead. A simple money claim may resolve quickly if admitted or settled. A defended claim may take many months or longer. A case involving expert evidence, disclosure disputes, multiple parties, applications, enforcement difficulty or trial adjournments can take substantially longer.

Funding options may include self-funding, limited-scope legal advice, legal expenses insurance, trade union support, pro bono help, direct access counsel, conditional fee arrangements, damages-based agreements, or legal aid in the limited categories where it is available.

Legal aid for civil cases is limited and subject to eligibility and scope. A person may be able to check eligibility online or through Civil Legal Advice. A legal adviser, where involved, will normally make the legal aid application.

Before issuing, also consider enforcement. A judgment is not the same as payment. If the defendant has no money, no assets, is insolvent, cannot be located, or is outside the jurisdiction, enforcement may be difficult or uneconomic.

Evidence and disclosure

A claim should be built around evidence, not assumption. Useful evidence may include contracts, invoices, receipts, bank records, emails, messages, photographs, reports, complaints, admissions, witness accounts and a chronology.

Organise evidence before issuing. A litigant in person should know which documents prove which parts of the claim. A large file of unsorted material is not the same as evidence being ready.

Disclosure rules vary by track, court and type of case. Small claims are usually more informal. Fast track, intermediate track, multi-track and specialist court claims can have more structured disclosure obligations. Business and Property Courts cases may involve different disclosure requirements from ordinary County Court money claims.

Privilege needs particular care. Legal advice, litigation communications and settlement discussions may be protected. A document is not privileged merely because it is sensitive or embarrassing. Equally, privilege can be lost by careless disclosure.

Support and complaints

A litigant in person may be able to obtain help from advice agencies, Law Centres, Citizens Advice, Support Through Court, pro bono clinics, direct access barristers, solicitors offering unbundled advice, or specialist charities. Availability will depend on location, eligibility, urgency and the nature of the dispute.

Support Through Court is the current name of the charity previously known as the Personal Support Unit. It may be able to provide practical and emotional support, but it does not act as a solicitor or conduct the litigation.

If a person has instructed a regulated legal professional and is unhappy with the service received, a complaint may need to be made first to the professional or firm. The Legal Ombudsman may be relevant for unresolved service complaints, but its scope and time limits should be checked before relying on that route.