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Who to sue in a civil court?

Summary

Learn how to identify the correct defendant in a small claim or fast-track case. A practical guide for litigants in person, covering common mistakes and key steps to naming the right defendant for a civil court case. The information in this guide applies to England and Wales. 1 Getting started 2 It's not always obvious who to name as the defendant 3 Step 1 - How to identify the right defendant 4 Step 2 - How to find the right address for the defendant 5 Step 3 - How to describe the defendant correctly 6 FAQs about naming the right defendant in a civil case 7 What does it mean? 8 About this guide When you’ve decided to take legal action, one of the most important steps is figuring out who to name as the defendant. Whether you're dealing with a faulty service, unpaid debt, or personal injury, naming the correct defendant is crucial. This guide helps you understand how to avoid common pitfalls and make sure your claim is directed at the right person or organisation. The purpose of taking someone to court is to get the court to make a decision in your favour and decide how the unfairness can be put right. Usually this is by awarding you an amount of money as compensation. ‘Defendant’.

Key information

  • are taking someone to court in either England or Wales, and
  • your case involves a claim for £25,000 or less, and
  • you are representing yourself (you are a litigant in person) and not eligible to have your case paid for by legal aid, a trade union, or insurance.
  • a family case (such as an application for a domestic violence injunction or a divorce - see Family and children),
  • a housing disrepair or housing possession case including mortgage possession - see Housing,
  • about an injunction (including court claims about anti-social behaviour)
  • a case involving defamation (that is libel or slander) or
  • a tribunal case (such as a discrimination, employment or immigration case).
  • ask for information about the registered keeper of a vehicle (you will need to show ‘reasonable cause’ for this request e.g. if you are finding out who was responsible for an accident)
  • search current and past residents at an address in the Electoral Register, either at your local town hall or library or at www.192.com.
  • Learn how to identify the correct defendant in a small claim or fast-track case. A practical guide for litigants in person, covering common mistakes and key steps to naming the right defendant for a civil court case.
  • 1 Getting started 2 It's not always obvious who to name as the defendant 3 Step 1 - How to identify the right defendant 4 Step 2 - How to find the right address for the defendant 5 Step 3 - How to describe the defendant correctly 6 FAQs about naming the right defendant in a civil case 7 What does it mean? 8 About this guide

Practical guidance

Related topics

Family and RelationshipsCourts and DisputesMoney, Benefits and DebtDiscriminationLegal aidHome and HousingRepairs and SafetyPersonal injuryEmployment tribunalSmall claimsSmall claims and the civil court

More in this area

Sources

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

Who to sue in a civil court? | Legal Shaman