Small claims and the civil court

Summary

Step-by-step help to understand how to take somone to court for unpaid debt, a broken contract, consumer problems, or personal injury (including road traffic accidents) - and if that is really a good idea. The information in this section applies to England and Wales. The advice guides on this page explain different steps in the process for taking a small claim or a fast-track case without a solicitor. They will also help if you are being taken to court by someone else because of one of these issues - or have already been without your knowledge. You might take a case about poor service (if your plumbing leaked or your building work was never finished), unpaid invoices, a broken contract, negligence or if you were injured and it was not your fault. You would usually take someone to court so that you get a County Court Judgment (CCJ) that says they have to pay you money so that you don't lose out because of a problem that they caused. Thanks to everyone who helped us make this lovely content and particularly to the Ministry of Justice and Bar Standards Board who funded it.

Key information

• Step-by-step help to understand how to take somone to court for unpaid debt, a broken contract, consumer problems, or personal injury (including road traffic accidents) - and if that is really a good idea.
• The information in this section applies to England and Wales.
• The advice guides on this page explain different steps in the process for taking a small claim or a fast-track case without a solicitor.
• They will also help if you are being taken to court by someone else because of one of these issues - or have already been without your knowledge.
• You might take a case about poor service (if your plumbing leaked or your building work was never finished), unpaid invoices, a broken contract, negligence or if you were injured and it was not your fault.
• You would usually take someone to court so that you get a County Court Judgment (CCJ) that says they have to pay you money so that you don't lose out because of a problem that they caused.
• Information Should I sue someone? Help to decide whether to take legal action This guide walks you through the key questions to help you decide whether you should take someone to court or whether it might not be worth it. If you are thinking of starting a case, read this first.  Information Sort out your legal problem before or instead of going to court Our easy to follow guide explains what your other options might be for resolving the issue and how to use them effectively. Including how to complain, negotiate, use mediation or arbitration services, or complain to an Ombudsman.  Information How to use civil mediation Understand what civil mediation is, how it works, and whether it might help you solve your legal problem more quickly, cheaply, and easily than going to court. You can use mediation before you start a court case or after one has started. 
• Information Who to sue? How to name the right defendant Every year, people have to pay another fee because they incorrectly named the defendant or used the wrong title for the business. Learn how to identify the right defendant to take to court and avoid common pitfalls.  Information Find out if the defendant is worth suing There’s no point starting a case against a person or organisation with no money or assets. Save yourself hassle by making sure they could pay you if you win. Here’s how.  Information How long do you have to sue someone? Time limits explained Understand the limitation periods (time limits for starting a claim) for contract, negligence and personal injury claims in the small claims or fast track.  Information What evidence do you need? Learn what evidence you will need to prove your case in a civil claim and what you need to do with it. It also explains why you should gather it as soon as possible and what to do to ensure it is not lost.  Information Legal costs and who pays them Everything you need to know about the fees solicitors charge for their work and who pays them at the end of the case. As well as how to keep your legal costs to a minimum.  Information Pre-action protocols - What you need to know before starting a civil claim Help to understand the pre-action protocols. These are processes you must follow before you start a case, even if you do not have a lawyer.  Information How to take a claim - at a glance This table provides a quick way of checking your understanding and what you need to do and expect for claims about debt and broken contracts, negligence, or personal injury. 
• Information How to start a small claim or fast track claim Explains how you start a claim using the N1 form or the online money claims service (OCMC), and what information to put where so that you start your case correctly. No need for a lawyer.  Information After you start a small claim or fast track claim Understand court procedures, what to do with the 'pre-trial checklist', how to prepare a 'chronology', what to do if one of you doesn't obey the court's instructions.  Information Make a small claim about injuries caused in a car accident Understand court procedures, what to do with the 'pre-trial checklist', how to prepare a 'chronology', what to do if one of you doesn't obey the court's instructions.  Information Help with court fees in a civil case If you are on a low income, check if you are eligible for a discount or not have to pay a court fee at all.  Information How to take someone to civil court - the process This guide gives you an overall picture of what is involved in a typical case, explaining what you each need to do at each stage. 
• Information Witness statements and expert reports in a small claim or fast track case Everything you need to know about witness statements and expert reports in a small claim or fast-track claim – when you need one, what you should put in it and how you should lay it out.  Information How to settle the case How to make an offer to settle and what to do if the 'other side' suggests a settlement. If you don't accept a reasonable offer it can cost you. Understand "without prejudice" offers, Part 36 offers, and the risks of rejecting a settlement.  Information How to ask a civil court to do something or change something (interim applications) Understand how to ask the court to do something before the trial, change some of the details of your case, ask to change the timetable, or ask the court to set aside a judgment (because you were taken to court without your knowledge).  Information What will happen at the hearings in your case? Understand what happens at the different hearings, when to speak, and how to do cross-examination. Free help to represent yourself at the trial effectively.  Information How to prepare a trial bundle and index Understand the rules for creating a trial bundle and index of all the evidence for a fast track case. You will not need to prepare a bundle in a small claim.  Information Going to court when the other side has a lawyer and you don't Understand how going to court works and what to expect, and practical tips on how to prepare for court and make your case as well as you can. 
• Information How to appeal a decision What to do if you need to appeal a decision made by a judge in a small claim or fast-track claim. Also explains what you need to think carefully about before you decide to appeal as it can turn out to be a very expensive mistake.  Information How to enforce a county court judgement If you have a CCJ saying someone owes you money because you won your case, this guide is for you. It explains how to work out if it is worth asking the court to enforce the order/collect the debt, and how to go about doing that.. 
• Information How to get legal advice about your civil case How you may be able to get legal advice about your small or fast-track claim and where to try. 

Practical guidance

• Source: Small claims and the civil court

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