How civil disputes usually run
Before starting a claim, the courts expect both sides to follow the relevant pre-action protocol. This means exchanging letters setting out the claim and response, and considering alternatives such as negotiation or mediation. Ignoring this can lead to costs penalties. Claims are then allocated to the small claims, fast, intermediate or multi-track depending on their value and complexity.
Costs and funding
In most civil cases the losing party pays a large part of the winner's legal costs, but you are unlikely to recover all of them. Funding options include paying privately, legal expenses insurance, conditional fee (no win, no fee) arrangements and third-party litigation funding. Small claims, generally up to £10,000, have very limited costs recovery.
Questions to ask a litigation & disputes solicitor
- How strong is my case, honestly, and what could I realistically recover?
- What will it cost to take this all the way, and what could I recover from the other side?
- Is mediation worth trying first?
- What is the time limit for bringing my claim?
Frequently asked questions
How long do I have to bring a claim?
For most contract and negligence claims the limitation period is six years, but there are many exceptions and some time limits are much shorter. Get advice early.
Do I need a solicitor for the small claims court?
Not necessarily. The small claims track is designed for people to represent themselves, but advice on the strength of your claim can still be useful.
What is mediation?
Mediation is a confidential meeting where an independent mediator helps the parties reach a settlement. Many disputes settle at mediation.