Starting a Claim

Before you issue court proceedings, you must follow the relevant pre-action protocol. These protocols (set out in the Practice Directions to the Civil Procedure Rules) require you to write to the other party setting out your claim, giving them a reasonable opportunity to respond, and attempting to resolve the dispute without going to court. This is usually done by sending a letter before claim (sometimes called a letter before action).

If the dispute cannot be resolved, you issue your claim through the County Court. For money claims, you can use Form N1 (the standard claim form) or, for claims up to £100,000 against a single defendant with a known address in England and Wales, you can use Money Claims Online (MCOL) at the HMCTS portal.

When you issue a claim, you must pay a court fee. The fee depends on the value of the claim: from £35 for claims up to £300, rising to £10,000 for claims over £200,000. Online claims attract a lower fee than paper claims. If you cannot afford the fee, you may be eligible for Help with Fees (see our Fees & Costs guide).

Once issued, the court serves the claim on the defendant (or you can arrange service yourself). The defendant then has 14 days to respond.

Responding to a Claim

If you receive a court claim, you have 14 days from the date of service to respond. If you file an acknowledgement of service (Form N9), you get an additional 14 days: 28 days in total.

Your options when responding are:

• Pay the full amount: pay the amount claimed plus any court fees and interest. This settles the matter.
• Admit the claim in full: accept that you owe the money. You can offer to pay in instalments. The court or the claimant will decide whether to accept your offer.
• Admit part of the claim: accept part of the amount but dispute the rest. You must file an admission and a defence for the disputed portion.
• Defend the claim: file a defence setting out why you do not owe the money or why the claim should not succeed.
• Counterclaim: if you believe the claimant owes you money, you can file a counterclaim alongside your defence. A fee is payable for the counterclaim.

If you do nothing, the claimant can apply for default judgement: a court order confirming the debt without a hearing. Default judgement will appear on the Register of Judgments, Orders and Fines and will affect your credit rating for six years.

What to Expect at a Hearing

If your case proceeds to a hearing, preparation is key. For small claims hearings, the process is relatively informal: the judge will often sit at a table with the parties rather than on a raised bench. For fast track and multi-track trials, proceedings are more formal.

• Evidence bundles: you must prepare a paginated bundle of all documents you wish to rely on. In multi-track cases, both parties prepare a joint trial bundle to agreed directions.
• Dress code: there is no strict dress code for the County Court, but smart clothing is expected. In the Crown Court, barristers wear wigs and gowns.
• Courtroom etiquette: stand when the judge enters and leaves. Address district judges as "Sir" or "Madam", circuit judges as "Your Honour", and High Court judges as "My Lord" or "My Lady".
• Giving evidence: you may need to give oral evidence. You will be sworn in (on a holy book or by affirmation) and asked questions by the other side (cross-examination) and by the judge.

Representing Yourself

You are entitled to represent yourself in court. You are called a litigant in person (LiP). The number of litigants in person has increased significantly since legal aid cuts in 2013. The court has a duty to ensure that unrepresented parties are treated fairly, but the judge cannot advise you or act as your lawyer.

Support available to litigants in person includes:

• Personal Support Unit (PSU): a charity that provides free emotional and practical support at court buildings. PSU volunteers can help you find your courtroom, understand paperwork, and manage the stress of attending court. They do not give legal advice.
• McKenzie Friends: a non-legally qualified person who sits beside you in court to take notes, offer quiet advice, and provide moral support. McKenzie Friends do not have a right of audience (they cannot address the court) unless the judge grants specific permission.
• Duty solicitors: in criminal cases, a duty solicitor is available at magistrates' courts to advise defendants who do not have their own solicitor. This service is free.
• Free legal clinics: many universities, law centres, and voluntary organisations run free legal advice clinics. These can provide guidance on your case before you attend court.

Getting Legal Help

If you need professional legal help, there are several options:

• Citizens Advice: free, independent, and confidential advice on a wide range of legal and practical issues. Available online, by phone, and in person at local centres.
• Law Society Find a Solicitor: the Law Society maintains a directory of solicitors in England and Wales. You can search by location and area of law.
• Legal aid: government-funded legal representation for those who qualify. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), legal aid has been restricted to certain categories of case: broadly, cases involving domestic abuse, housing, immigration, mental health, and community care. Most money claims and general civil disputes are no longer covered.
• Conditional fee arrangements (CFAs): "no win, no fee" agreements where the solicitor only charges if the case succeeds. A success fee (capped at 100% of the base costs) may be payable. Common in personal injury cases.
• Fixed costs: CPR Part 45 prescribes fixed costs for many types of claim, giving certainty about what legal fees will be. Your solicitor should explain the costs position clearly before you commit.

After Judgement

Winning a court judgement does not automatically mean you receive the money. If the defendant does not pay voluntarily, you must take enforcement action. Enforcement options include:

• Writ of control / warrant of control: an enforcement agent (bailiff) visits the debtor to take control of goods or collect payment.
• Charging order: secures the debt against the debtor's property. You can then apply for an order for sale.
• Attachment of earnings: the court orders the debtor's employer to deduct a regular amount from their wages.
• Third-party debt order: freezes money in the debtor's bank account and orders the bank to pay you.

For detailed enforcement research, including fee calculations and jurisdiction guides, visit Enforcement.uk.