Written by Civil litigation can feel opaque for litigants in person, but most claims follow a recognisable sequence: issue the claim, wait for the defendant’s response, complete allocation steps, comply with directions, prepare evidence, and attend the final hearing. The key is to understand the route early and treat every deadline as important.
Publication snapshot
- This guide explains the main stages of ordinary civil money claims in England and Wales.
- It is aimed at litigants in person dealing with small claims, fast track cases, or claims that may require allocation to another track.
- It focuses on practical preparation: documents, deadlines, directions, settlement, evidence and hearings.
Before you start: identify the claim and the route
Before issuing a civil claim, a litigant in person should identify the legal basis of the claim, the remedy sought, the amount claimed, the evidence available, and whether a pre-action protocol or the Practice Direction on Pre-Action Conduct applies.
The court will expect parties to have taken reasonable steps to understand the dispute, exchange information, consider settlement and narrow the issues before proceedings are started. Issuing too quickly, without documents or without a clear remedy, can create avoidable cost and case-management problems later.
The first question
Do not start with the form. Start with the legal issue: who owes what duty, what happened, what loss or remedy is claimed, and what evidence proves it?
Starting your claim
Most ordinary civil claims are started when the court issues a claim form at the claimant’s request. A money claim may be started online where the online service is suitable, or by using Form N1 where a paper claim form is needed.
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1Prepare the claim form.
Use the correct claim route. For many ordinary civil claims this will involve Form N1 or a suitable online money-claim service.
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2Draft the particulars of claim.
Set out the facts, the legal basis of the claim, the remedy sought, and the amount claimed where money is involved.
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3Check the evidence.
Keep the contract, invoices, letters, emails, photographs, notices, payment records, chronology and any other documents relied on.
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4Issue the claim.
Submit the claim with the correct fee, or apply for help with fees if eligible.
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5Service and response pack.
The claim form and particulars must be served with the correct response documents so the defendant can admit, defend or acknowledge the claim.
If the particulars of claim are not included in the claim form, they must be served within the time allowed by the rules. A litigant in person should avoid vague particulars. The defendant and the court need to understand the case being advanced.
The defendant’s response
Once served, the defendant must decide how to respond. The usual options are admission, defence, acknowledgment of service, or in some cases a counterclaim.
Admission
The defendant accepts all or part of the claim. The parties may still need to address payment terms, interest, costs or any disputed balance.
Defence
The defendant disputes the claim. The defence should identify what is admitted, denied, or not admitted, and why.
Acknowledgment of service
The defendant acknowledges the claim and usually obtains more time to file a defence.
No response
If the defendant fails to respond in time, the claimant may be able to request default judgment, subject to the rules.
The general rule is that a defence is due 14 days after service of the particulars of claim, or 28 days after service where an acknowledgment of service has been filed. A claimant should record the deemed date of service and check the exact deadline before taking the next step.
Allocation: small claims, fast track, intermediate track and multi-track
Once a defence is filed, the court usually considers how the case should be managed. The court may send a notice of proposed allocation and require the parties to complete directions questionnaires. The questionnaire helps the court assess the value, complexity, witnesses, expert evidence, hearing length, settlement prospects and appropriate track.
The current civil procedure framework uses four tracks. Small claims are normally lower-value and more informal. Fast track claims are generally more structured and carry greater costs risk. Intermediate track now sits between fast track and multi-track for suitable claims of higher value or complexity. Multi-track is used where the other tracks are not appropriate.
Track overview
- Small claims track: normally for claims worth not more than £10,000, subject to important exceptions, including some personal injury, housing disrepair, harassment and unlawful eviction claims.
- Fast track: generally for suitable claims above the small-claims level and not more than £25,000, where the trial is likely to last no longer than one day and expert evidence is limited.
- Intermediate track: generally for suitable claims not more than £100,000, where the case can be managed proportionately and the trial is not expected to last more than three days.
- Multi-track: generally for claims unsuitable for the other tracks because of value, complexity, remedy, parties, evidence or legal issues.
Allocation is not decided by value alone. The court can consider the remedy sought, factual and legal complexity, number of parties, evidence required, counterclaims, oral evidence, the views of the parties and the circumstances of the parties.
Settlement, mediation and ADR
Parties should consider settlement throughout the life of a claim. Settlement can avoid delay, reduce costs and produce an outcome that the court may not be able to order. It can also remove the uncertainty of trial.
Mediation may be available, particularly in small claims. The court’s rules also allow for stays to enable settlement or alternative dispute resolution. In appropriate cases, unreasonable refusal to engage with ADR may have costs consequences.
Practical settlement discipline
A litigant in person should keep settlement discussions separate from the evidence file, understand whether a communication is open or without prejudice, and seek advice before accepting terms that include confidentiality, undertakings, costs, payment schedules or release of claims.
Preparing your case after allocation
Once a claim is allocated, the court will give directions. These are not suggestions. They are orders setting out what each party must do and by when. Missing a deadline can damage the case and may lead to sanctions.
Documents
- Keep a master bundle of pleadings, orders, correspondence and evidence.
- Follow the court’s directions on disclosure, document exchange and bundle preparation.
- Remember that disclosure duties vary by track; Part 31 does not apply to small claims.
Witness evidence
- Prepare witness statements in the form and by the deadline ordered by the court.
- Use the witness’s own knowledge, documents and chronology.
- Check the statement of truth and avoid argument where factual evidence is required.
Expert evidence
- Do not assume expert evidence can be used without permission.
- Check whether a single joint expert is appropriate or required.
- Use experts only where the issue genuinely requires specialist opinion.
Hearing preparation
- Prepare a short chronology, issue list, key documents list and speaking note.
- Mark the documents you need to take the judge to.
- Check the hearing fee deadline and any final directions.
For fast track and intermediate track claims, the court will normally give directions covering disclosure, witness statements, expert evidence and whether to order or encourage ADR. A pre-trial checklist may also be required.
The hearing or trial
On the hearing day, arrive early, check in with the usher or court staff, and have your papers organised. If the hearing is remote, test the link, camera, microphone and documents in advance.
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1Opening or summary.
The claimant usually explains the claim first, unless the judge directs otherwise.
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2Evidence.
Witnesses may give evidence and be asked questions by the other side and the judge.
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3Documents.
The parties refer to key documents in the bundle. Use page numbers and explain why each document matters.
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4Closing points.
Each side may be asked to summarise why the evidence supports their case.
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5Judgment and order.
The judge may give judgment immediately or reserve judgment for later. The court will issue an order recording the result.
Be respectful, direct and organised. Address the judge appropriately, avoid interrupting, and ask for clarification if you do not understand a question or direction.
Key points litigants in person should remember
Civil claims are won or lost through preparation, evidence, deadlines and proportionate conduct. A litigant in person should focus less on general grievance and more on what the court needs to decide.
Practical risk checklist
- Limitation: check whether the claim is within time before issuing.
- Jurisdiction: check that the claim belongs in the County Court or High Court in England and Wales.
- Costs: small claims usually limit recoverable costs, but fast track, intermediate track and multi-track cases carry more serious costs risk.
- Directions: diarise every date in the notice of allocation and every subsequent order.
- Evidence: preserve originals and keep a clean, dated document trail.
- Settlement: consider sensible offers, but review terms carefully before agreeing.
- Conduct: keep correspondence polite, focused and capable of being shown to a judge.
If a deadline is missed, a document cannot be obtained, or a direction cannot be complied with, act promptly. Do not wait until the hearing to raise the problem.
Useful resources
Litigants in person should use official sources where possible and check the current rules before taking procedural steps. Court forms, court fees, help-with-fees information and civil procedure rules can change.
Starting points
- GOV.UK money claims: official guidance on making a court claim for money.
- Form N1: the standard claim form for many Part 7 civil claims.
- Civil Procedure Rules: the procedural rules governing civil claims in England and Wales.
- Citizens Advice: general practical advice and signposting.
- LawWorks: information about free legal advice clinics and pro bono support.
Legal Lens also publishes practical guidance on starting civil claims, preparing witness statements, dealing with expert evidence and preparing for hearings.
The closing point
Civil litigation is demanding, but it is not formless. A litigant in person who understands the sequence, keeps the evidence organised, meets deadlines and stays open to settlement is in a stronger position to present the case effectively.