The rules about making a court claim

Summary

The court wants to make sure that each case is dealt with fairly. If you decide that you want to take someone to court, both you and the trader will be expected to co-operate with each other as far as possible. The Civil Procedure Rules are there to make sure that: * you and the trader are on an equal footing * you and the trader have tried to use other methods of sorting out the problem. This is called alternative dispute resolution and can include arbitration, the Ombudsman or trade associations * you and the trader try to settle the claim before going to court * the way the case is dealt with reflects how much money is involved, how important or complicated the problem is and the financial position of you and the trader * the court hearing is straightforward, shorter and the outcome is more certain There are rules you and the trader must follow to make sure that time and money are not wasted in the run-up to going to court. This is called the Practice Direction on pre-action conduct. It says you and the trader must: * let each other see any relevant documents * share the cost of expert evidence where possible * write a letter before action which the trader must acknowledge. You.

Key information

• •you and the trader are on an equal footing
• •you and the trader have tried to use other methods of sorting out the problem. This is called alternative dispute resolution and can include arbitration, the Ombudsman or trade associations
• •you and the trader try to settle the claim before going to court
• •you try to save costs where possible
• •the way the case is dealt with reflects how much money is involved, how important or complicated the problem is and the financial position of you and the trader
• •the court hearing is straightforward, shorter and the outcome is more certain
• •the judge's time isn't wasted.
• •let each other see any relevant documents
• •share the cost of expert evidence where possible
• •write a letter before action which the trader must acknowledge.
• •More information about settling out of court
• •Settling your problem out of court

Practical guidance

• •Source: [The rules about making a court claim](https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/the-rules-about-making-a-court-claim/)

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