After you start your civil claim, and after the defendant responds with their defence, the court makes decisions about the steps in the process between now and the final hearing (or settlement). This includes setting the timetable for what needs to happen, when. 
What happens next depends on how you first made your claim, and how the defendant responded.

If you used the N1 paper form, Money Claim Online Service (MCOL), or used the money claims service (OCMC) but the defendant responded on paper

The first thing the court does now is send you a copy of the defence and decide how to manage your case up until the final hearing. See next section. 

If you used the Money Claims (or OCMC) service and the defendant responded using that service

If you used the Money Claims (or OCMC) service and the defendant responded using that service, you will receive email or text notifications to log in to your account to see the defendant’s response. Once you have read their response, you will need to confirm whether or not you intend to proceed with the claim. You must respond to this within 14 days or your claim may be struck out.  

If you do wish to proceed, you will then answer questions about your requirements for the hearing. This replaces the directions questionnaire (described below). 

If your claim is for less than £10,000, both you and the respondent will be required to attend an appointment with the small claims mediation service. This is a one-hour phone appointment where the mediator talks to you and the defendant separately to see if an agreement can be reached. (You don’t have to see or speak to the defendant.) If you do not attend the appointment, the judge can penalise you later so it is very important to attend. If you can reach an agreement through mediation, you should get your money quicker, and you will not have to go through all the hassle of preparing your case. 

If you don’t manage to reach an agreement in mediation, the next thing that will happen is that a judge will look at your case and make a directions order. This will appear first in your Money Claims dashboard. 

The court now decides which system ("track") your case should go through. 

The process of deciding which track your case will use is called ‘allocation’.  The court makes the decision based on how complex your case is and how much money it is about. 

If your case was started using Money claims and is for an amount under £10,000, it will already be allocated to the small claims track.

In many cases, the track your case is allocated to will affect the following: 

• the amount of work you have to do to get your case ready for trial, 
• how formally you have to prepare your case and the evidence, and 
• how much it could cost you if you lose. 

‘Directions’ is the court’s word for the list of instructions it gives to both you and the defendant for the practical management of your case. These instructions tell you what you each need to do to get the case ready for the final hearing. Their purpose is to make sure that:

• the court and both sides know everything they are entitled to know about the case before trial,
• both sides know which parts of the case they agree on and which parts they disagree on (the judge will only be making a decision on the parts you disagree on)
• both sides fully understand each other’s case and can prepare their own case focusing on what they disagree about, and
• the court can make arrangements including working out how much time to allow for the trial.
   

What is a Directions questionnaire (Form N180)?

For all cases not started and responded to using the Money Claims service (OCMC), the court sends both you and the defendant a ‘Directions questionnaire’. This document asks each of you for information to help the court decide:

• how to deal with the case,
• what directions to make, and
• which track and complexity band to allocate the case to.

Before completing this questionnaire, you and the defendant must contact each other to discuss how far you can agree your answers to it. In particular the court wants you to try and agree the directions you would like it to make.

Whether you can agree them or not, you must send a list of the directions you want the court to make to the court at the same time as returning the questionnaire. (You don’t need to send in this list if the court has allocated your case to the small claims track.)

When you have filled in the directions questionnaire you must send it back to the court (and a copy to the other side) within the time limit set by the court. If you don’t do this within the time limit, the court could ‘strike out’ your case - which means stop your case from continuing. You will not get your fee for starting the case back.

When the court receives your response, it decides which track is the right one for your case. The court will then send you a notice of allocation. This tells you the judge’s decision about which track your case will be in.
 

What is a Directions Order?

The court will then send you a ‘Directions Order’ (also called an ‘order for directions’ or ‘standard directions’). This is a legal order, issued by a judge. It is essentially a list of instructions telling you what tasks to do and the deadline for doing them. The court makes the directions order based on the information you and the defendant gave in your directions questionnaires.

In particular, a directions order will tell you what to do about:
 

• Allocation – Confirm which track your claim has been allocated to.
• Disclosure - this means providing and exchanging all the relevant information and evidence with the other side.
• Witness statements - exchanging witness statements with the other side. 
• Expert’s reports (where they are used).

In most straightforward cases the court will make this order without there being a hearing. Usually it will just turn up in the post/in your online account (it will be a PDF).

When you get a directions order, the first thing to do is to read it carefully. If you aren’t certain what some bits mean, get some advice. 

This stage ensures that both sides present all the relevant documents and evidence in advance of the trial. This means that there should be no surprises at a later point. It may also encourage both sides to settle, as they see the strengths (and weaknesses) of each other’s case.

You may have already shown some or most of your documentary evidence to the other side in an effort to settle or resolve your dispute. You may have even done this more than once, before you started your claim and afterwards. 

But this is the stage when the court will usually expect you to show everything in an organised fashion. The directions order will tell you what to do and by when. This process is called ‘disclosure and inspection’. 

Disclosure

‘Disclosure’ means letting the other side know what evidence you have. If you started your claim using the Money claim online service you will usually already have told the other side what evidence you have.  

Inspection

‘Inspection’ means being able to look at the evidence. The word ‘inspection’ is left over from the days before photocopiers, when you had to go and look at the other side’s original documents. These days you can just look at copies or scans of the originals, unless there is anything suspect about the original. There is a section about this in court leaflet EX305.

You tell the other side about a document by stating that a document (for example, a tenancy agreement) exists or has existed and allowing the other side to see it. The way you do this varies, depending on which track your case has been allocated to.

‘Document’ means anything in which information of any description is recorded. For example, this includes emails, letters, invoices, photographs, medical records, mobile phone texts, social networking messages, or video clips.

Unless your case has been allocated to the small claims track, you don’t actually allow the other side to see the documents, or send them copies, until the other side asks you for specific documents or groups of documents listed on the form. 

List of documents

You might think a form called a ‘List of documents’ would ask you for one list - in fact it asks for 3 different lists. You have to decide which of your documents goes where.

The following chart helps explain what type of document you must list under each heading.

You must also search out relevant documents to include in your own list going back to the time when the story of your case began.

You are expected to include any relevant document where it existed before you started your claim (for example, payslips, work rotas, repair records), whether the documents support your case or the other side’s. So, even if you have a document which undermines your claim and which you would rather not show the other side, you still have to tell them about its existence. After that, it is up to them to spot its significance and ask to see it or not.

Equally, the defendant may have a document which supports what you say. If so, they must tell you that it exists – but they don’t have to tell you what’s in it. This is why you must ask to see copies of their documents and carefully check if there is anything in them that helps or hinders your case. 
If a document only came into existence for the purposes of your claim after you started your case, for example, a medical report, you still have to tell the other side about it. 

You are breaking the law if you make a false disclosure statement, unless you honestly believe it to be true. You could be taken to court for ‘contempt of court’. The punishment for this offence can be a fine or time in prison, or both. 

Witness statements and experts’ reports

Witness statements and experts’ reports are not included in the list of documents. The directions order will give separate instructions about when these are shown to the other side.
 

List of documents from the other side

When you get the other side’s list of documents you must decide what you want copies of. You may decide some items on the list are not relevant. You may already have copies of others. The other side will do the same and tell you what they want to see. If there are a very large number of documents, you may want to arrange to look at them in person.

If they have not listed all the documents that they should have done, ask for them. If they don’t provide them, you can apply to the court for an interim order that they produce them within a set time limit. (See the earlier section, ‘What to do if the other side doesn’t obey the directions order’,  for a reminder about interim applications.)

Privileged documents

There are documents you don’t have to allow the other side to inspect (see/have copies of). These documents are known as ‘privileged’. This means no-one, not even a court, can compel you to show them to the other side.

Privileged documents include:

• letters and emails between you and a solicitor,
• notes recording interviews and telephone conversations between you and a solicitor,
• written advice from a solicitor or barrister about, for example, the strengths and weaknesses of your case, and
• some witness statements. 

For example, if you are not going to use a witness’s evidence or ask them to come to the trial, then you do not need to show their statement to the other side.

You still have to list the documents you object to the other side seeing in your list of documents, and explain your objections. In many cases, it is usually enough to write ‘They are privileged’ in this section.

It’s often tricky to decide which documents you should or should not list and/or allow the other side to see. It’s important to get this right as it can damage your case to show the other side privileged documents unnecessarily or by accident. This is a good moment to get some legal advice to help you get through this stage successfully, if that is possible. See How to get free legal advice about your civil case.

To prepare for the trial, you might also find it helpful to prepare a short chronology for yourself, setting out a timetable of the key events. (If you have used the Money claim online service, you will have done this already.)

You will probably also find it helpful to write down exactly what is still in dispute between you, as these outstanding issues are likely to be discussed at the trial. For example, does the defendant dispute that you had an accident at work at all? Or does the defendant agree you had a tripping accident on Monday 12th September, but says you got your bad back from hanging curtains over the previous weekend? Or do they accept that you had an accident at work which injured your back, but say it wasn’t serious and you should have been off work for 2 weeks, not 2 months?

Can I decide to settle my case?

Yes, you can opt to settle your case at any stage during the court proceedings. In fact, the courts actively encourage you to consider this throughout your case. See How to settle for more information. 

How can I settle my case early?

You can use informal discussions (face to face or phone or video call), or by attending mediation or another form of Alternative Dispute Resolution (ADR) with the defendant. You can also make or agree to a Part 38 offer. See How to settle for more information. 

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR) can involve methods such as negotiation, mediation or arbitration to help you resolve a legal dispute.

What if I refuse to take part in small claims mediation?

The court expects you to take part if you can. It should not be seen as 'climbing down'. All small claims now have to use the small claims mediation service. If you don't agree to take part in mediation or accept a reasonable offer to settle, it may cost you. See How to settle for more information. 

How long does a civil claim take after it is started?

It depends on which track your case is in, but small claims (under £10,000) typically take 6 to 12 months to reach a final hearing, depending on the court's backlog. Check out Advicenow's guides so that you use the time well to prepare for your hearing.

Can I delay the court hearing date if I’m not ready yet?

Courts don’t like to move hearings once they are scheduled so you should do everything you can to be ready in time. However, you can apply to move the hearing by making an interim application. 

If you and the other side agree to apply to the court to postpone the trial date and make an interim application by consent at least 14 days before the date of the hearing, there won’t be a fee. But the court may not agree to a postponement - even if both of you want it.

Allocation 

The process of deciding which track the case should follow.

Case management conference 

A hearing where the court and the parties decide together how best to run the case. It can take place over the phone or at court.

Control (in the context of disclosure of documents) – A document that is or was in your physical possession, you do or did have to right to possess it, or you have or had a right to inspect or take copies of it.

Directions order

instructions for how a case will be dealt with – including the timetable for what you need to do by when.

Directions questionnaire 

A questionnaire that helps the court decide how to deal with your case and which track to allocate your case to.

Disclosure 

The process of showing all your relevant evidence to the other side.

Expert evidence 

This is evidence of an expert’s opinion, of what they think or believe about something.

Indexed bundle of documents 

A pack combining both parties’ documents with a list at the front showing what is in it. See How to prepare a trial bundle and index for more information.

List of documents 

The form you use to list the documents and any other evidence you have that is relevant to your case.

Notice of discontinuance 

The form you use to tell the court that you want to stop (discontinue) your claim.

Notice of Issue 

This tells you that your claim has started and the date it began. It also tells you the case number, the date of service, the method of service and the defendant’s deadline for responding.

Notice of proposed allocation 

A notice is a bit like a letter. This notice tells you which track the judge thinks is suitable for your case. This could be the small claims track, the fast track, the intermediate track or the multi-track. It also tells you to complete a directions questionnaire.

Order for directions

Another name for a directions order.

Particulars of claim 

A concise written statement of the facts and law on which your claim is based and what you want from the defendant.

Pre-trial checklist/listing questionnaire 

A form you use to tell the court how your case is progressing in the run up to the trial.

Trial window 

The particular period of time during which your case is likely to be heard. The court may ask you for information about when you can and can’t attend during that period.

Request to inspect 

This refers to your right to ask to see and check the original documents supporting the other side's case.

Settled 

You reach an agreement with the other side which concludes the case.

Simultaneous exchange 

This is when the parties to a case exchange their witness statements at the same time on the same day.

Strike out 

To stop an application, claim or defence from continuing, with the result that you are unsuccessful.

Unless order 

This is a court order that says that unless you do X, Y will happen. Often, if you don’t comply with an ‘unless order’, your claim or defence may be struck out.

Witnesses of fact

Any witnesses who are providing evidence in support of the case who are not experts.

Witness statement 

A document in which someone explains what they saw, did or heard.

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

Acknowledgements

This guide was written and produced by  Advicenow.

We would like to thank everybody whocommented on the guide including editorial teams at Thomson Reuters  who kindly peer reviewed this updated version.

This guide was updated thanks to funding from the Ministry of Justice under the Online Support and Advice Grant.