Deciding whether to sue someone

Summary

Before starting a court claim in England or Wales (small claims or fast-track, up to £25,000), work through whether your problem is a legal one, whether you can prove fault and losses, whether you are in time, and whether alternatives to court have been tried. Court action has costs, risks, and strict time limits. Even winning does not guarantee you will recover money.

Key information

• •Applies to: Civil claims up to £25,000 in England and Wales for debts, broken contracts, consumer problems, and personal injury (excluding housing possession, family, criminal, tribunal, and defamation cases).
• •You must prove: The other person was at fault (breached contract or duty) and caused your loss. You cannot simply claim what you think is fair — the law sets out what you can recover.
• •Time limits: Courts apply strict limitation periods. Check whether you are still in time before starting.
• •Costs: Court fees, possible legal advice costs, your time, and risk of paying the other side's costs if you lose or behave unreasonably.
• •Pre-action: Courts expect you to have tried resolving the dispute first (complaint, negotiation, mediation).
• •Alternatives: Mediation, ombudsman schemes, and negotiation may be faster and cheaper than court.
• •Enforcement risk: Winning a judgment does not automatically mean you receive payment — the defendant may not have assets.

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