Frequently Asked Questions
Answers to common questions about the court system
How do I start a court claim?
First, follow the relevant pre-action protocol by sending a letter before claim to the other party. If the dispute cannot be resolved, issue your claim through the County Court using Form N1 or Money Claims Online (for money claims up to £100,000). You must pay a court fee when you issue the claim. The fee depends on the claim value: from £35 for claims up to £300, rising to £10,000 for claims over £200,000.
What court do I go to?
For most civil disputes (money claims, breach of contract, negligence), you issue in the County Court. Criminal cases start in a magistrates' court. Family matters (divorce, children, domestic abuse) are heard in the Family Court. The High Court handles the most serious and complex civil cases, and the Crown Court deals with serious criminal offences.
How much does it cost to go to court?
Court fees vary by claim type and value. Civil claim issue fees range from £35 to £10,000. Hearing fees are £181 (small claims), £545 (fast track), or £1,090 (multi-track). Application fees typically range from £53 to £275. If you cannot afford fees, you can apply for Help with Fees (Form EX160) for full or partial remission based on your income and savings.
Can I represent myself?
Yes. You are called a litigant in person (LiP). The court has a duty to ensure unrepresented parties are treated fairly. Support is available from the Personal Support Unit (practical support at court), McKenzie Friends (quiet assistance during hearings), and free legal clinics. In criminal cases, a duty solicitor is available at magistrates' courts.
How long does a court case take?
Timescales vary significantly. Small claims typically take 6 to 12 months from issue to hearing. Fast track cases aim for 6 to 9 months. Multi-track cases can take 12 to 24 months or longer, depending on complexity. Criminal cases in the Crown Court may take many months due to the current backlog. These are estimates: individual cases may be faster or slower.
What is the small claims track?
The small claims track handles civil claims valued at up to £10,000 (or up to £1,000 for personal injury). Hearings are deliberately informal: the judge often sits at a table rather than on a bench. Costs orders are very limited (you generally cannot recover solicitor fees), and expert evidence is restricted. Most people manage small claims without a solicitor.
How do I respond to a court claim?
You have 14 days from service to respond (28 days if you file an acknowledgement of service). Your options are: pay the full amount, admit the claim in full (and offer instalments), admit part and defend the rest, defend the entire claim, or file a counterclaim. If you do nothing, the claimant can apply for default judgement.
What happens if I ignore a court claim?
If you fail to respond within the time limit, the claimant can apply for default judgement: a court order confirming the debt without a hearing. The judgement will be registered on the Register of Judgments, Orders and Fines and will appear on your credit file for six years. The claimant can then take enforcement action to collect the debt.
Can I appeal a court decision?
In most cases, you need permission to appeal. Permission may be sought from the trial judge or from the appeal court. You generally have 21 days from the date of the decision to file an appeal notice. The appeal court will only grant permission if the appeal has a real prospect of success or there is some other compelling reason for the appeal to be heard.
What is a county court judgement (CCJ)?
A CCJ is a court order confirming that you owe a debt. It is entered when either you admit the claim or the court decides against you after a hearing (or by default if you do not respond). A CCJ stays on the Register of Judgments, Orders and Fines for six years and affects your credit rating. If you pay the full amount within one calendar month of the judgement, you can apply to have the entry removed.
How do I enforce a court judgement?
If the debtor does not pay voluntarily, you can apply for enforcement. Options include: a writ of control or warrant of control (an enforcement agent visits to take control of goods or collect payment), a charging order (secures the debt against property), attachment of earnings (deductions from wages), a third-party debt order (freezes and claims money in a bank account), or insolvency proceedings (bankruptcy or winding-up petition).
Where can I get free legal advice?
Citizens Advice provides free, independent advice online, by phone, and in person. Law Centres offer free legal services in areas of social welfare law. The Personal Support Unit provides practical and emotional support at court. AdviceNow publishes free guides on common legal issues. StepChange (0800 138 1111) and National Debtline (0808 808 4000) provide free debt advice.
Have a question not listed here? Please get in touch. We regularly update this page based on reader questions.