How to take a claim in the civil court

How to take a claim in the civil court - at a glance

This table is part of a series of guides about how to take someone to a civil court to sort out a dispute, and is designed to be used alongside the other guides. It provides a quick and useful way of checking your understanding and what you need to do and what to expect for small claims, fast track claims, breach of contract, debt, loss or damage which is someone else’s fault (negligence) with no personal injury, and personal injury (including road traffic accidents and accidents at work). Updated March 2024

Breach of contract, or Debt

Loss or damage which is someone else’s fault (negligence) with no personal injury

Personal injury (including road traffic accidents)

Time limits

(This is the basic time limit. For exceptions and special cases see our guide to time limits for small claims and fast-track claims)

6 years

6 years

3 years

Is it a small claim?

Yes, if the value is under £10,000.

Yes, if value under £10,000.

Yes, if 

  • the injuries were not caused by a road accident, or
  • were caused by a road accident that occurred before 31st May 2021, and the total value is under £10,000, and the value of  the personal injury element is under £1,000, or
  • if the injuries were caused by a road accident that occurred after 31st May 2021, and the total value of the claim is under £10,000, and the value of personal injury element is under £5,000. (See How to make a claim about injuries caused by a car accident for other limitations).

Is it a fast track claim?

Yes, if the value is over £10,000 and under £25,000

Yes, if the value is over £10,000 and under £25,000

Yes, if 

  • the injuries were not caused by a road traffic accident, and the total value is between £10,000 and £25,000, and the personal injury element is valued at over £1,500.
  • the injuries were caused by a road traffic accident and the total value is between £10,000-£25,000, or
  • the injuries were caused by a road traffic accident and the total value is under £10,000 but they are not a small claim (for example, because the personal injury element is valued at over £5000 if the accident occurred after 31st May 2021, or £1000 if the accident occurred after May 2021).

Is there a  pre-action protocol?

Yes,if your case is about debt or money owed.

Otherwise No. You need to follow the guidelines for pre-action conduct. See section 4 of our guide to pre-action conduct and pre-action protocol

No. You need to follow the guidelines for pre-action conduct. See section 4 of our guide to pre-action conduct and pre-action protocol  

Yes. Unless it is a small claim, when you need to follow the guidelines for pre-action conduct. See Things you need to know about court procedure before you start a civil case for more detail.

If your claim is for personal injury caused by a car accident that occured on or after May 31st 2021, and the total value is under £10,000, and value of personal injury element is under £5,000 you need to use the new pre-action protocol. You do this by using the Official Injury Claim service. Please see How to make a claim about injuries caused by a car accident.

Can I use Money Claim? 

(see How to start a claim for other limitations, e.g. if there is more than one defendent, it is against a Govt. body, or either party are under 18 etc)

 

Yes, if the value is under £10,000. See our guide to how to start a small claim.

Yes, if the value is under £10,000. 

See our guide to how to start a small claims case. 

No.You will have to complete the paper form. See how to start a civil case

Can I use Money Claims Online (MCOL)? (See How to start a civil claim e.g. if  there are more than two defendants, or they don’t have an address in England and Wales)

Yes, for debt or a fixed amount of money up to £100,000. See our guide how to start a civil case. 

Only if you are claiming a fixed amount of money up to £100,000. See our guide how to start a civil case. 

No. You will have to complete the paper form. See how to start a civil case. 

Will I have to pay the other side’s legal costs if I lose my small claim?

No, except for court fees, witness expenses, and any expert’s report, unless you have behaved unreasonably

No, except for court fees, witness expenses, and any expert’s report, unless you have behaved unreasonably

No, unless you have behaved unreasonably

Will I have to pay the other side’s legal costs if I lose my fast track claim?

Yes. See our guide to legal costs for more information. 

Yes. See our guide to legal costs for more information. 

Not if your case started before 1st October 2023, unless you have failed to beat a Part 36 offer, or your claim was fundamentally dishonest.

Yes if your case started after 1st October 2023. See Legal costs and who pays them for more information.

What award can the court make if I win?

Debt:

●      Amount of debt

●      Interest on that amount

Breach of contract:

●      Usually, money to put you in the financial position you would have been if the contract had been carried out properly

●      Occasionally, ordering the other person to remedy the breach of contract

●      Interest on that amount

●      Compensation to put you in the position you would have been in if the person had carried out their duty

●      Interest on that amount

●      Compensation for the injury itself, that is for your pain, suffering and loss of amenity

●      Compensation for your losses and expenses

●      Interest on that amount

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Disclaimer

The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland. 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 read the other guides in this series and try to  get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

This guide was produced by Law for Life's Advicenow project. Thanks to all those who provided advice and feedback on this guide, particularly Judith Emmet, Clare Shirtcliff, and Ashley Fredericks from Nottingham Law School Legal Advice Centre. 

Thanks to the Litigant in Person Support Strategy for funding the creation of this guide.

This guide was updated thanks to funding from the Ministry of Justice. 


Updated March 2024

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