How do I sue someone?

First, a legal basis for your claim needs to be established. If you are unsure, a solicitor can advise whether or not you have a case. Next, the other party must be notified in writing that you are considering opening court proceedings. The notification should include a deadline by which they can settle outside of court, for example, by paying back outstanding debt or negotiating a suitable settlement. If they fail to respond or provide a settlement, and you believe that a judgment will be made in your favour in court, you may proceed with your claim. Before issuing any claim you must ensure that you have followed the appropriate pre-action protocol http://www.justice.gov.uk/courts/procedure-rules/civil/protocol

To begin court proceedings, you must complete a claim form to be sent to an applicable court (usually your local county court) along with the details of your claim and the court fee. For cases of simple debt, you can start a claim online with Money Claim Online on the court services website. In more complex cases, it is advisable to use solicitors who can draft your claim for you and deliver it in court. A copy of your claim will be sent to the other party involved, who will be given the opportunity to respond.

If they choose to fight your claim, the court will assign the case to either:

• Small Claims – claims of a value less than £10,000;
• Fast-Track – claims of a value between £10,000-£25,000;
• Multi-Track – complex claims, or those of a value above £25,000.

As well as this, the court will make an ‘order for directions’ which sets out how the case should be conducted. It dictates when documents should be disclosed, the case timetable, and so forth so that each party can adequately prepare for the trial.

Finally, the claim is listed for trial before a judge who will decide its outcome.