Introduction to litigation in the UK

How do I begin a court claim?

To start a court claim, there are some pre-action steps. This includes sending a letter that explains the dispute. It is recommended to try to resolve the issue through negotiation or other methods and to only file a claim form in court if these efforts do not solve the issue. Then, serve the form on the defendant.

Am I required to attempt mediation or Alternative Dispute Resolution (ADR)?

Courts support using alternative dispute resolution, like mediation, to save time and money. Ignoring ADR can lead to higher costs, even if you win your case.

What are the time limits for bringing a claim?

Contract and negligence claims must be started within the limitation periods legislation sets. In contrast, personal injury claims typically have a shorter time frame, beginning on the date of the injury or when you first become aware of it.

How are legal costs allocated if I win or lose?

In most cases, the unsuccessful party must pay the successful party’s reasonable legal costs. However, more minor claims allow for the recovery of fewer fees.

What evidence do I need for my case?

Collect important documents like contracts, emails, and receipts. Also, get witness statements from people who know about the dispute. In more complex matters, expert reports—for example, from medical or technical professionals—may also be necessary.