How do I Sue Someone?
Introduction
Suing someone in England and Wales is - at least procedurally - relatively straightforward. Like with most important tasks, it is advisable to get help from an expert such as a solicitor, but if you prefer not to then the process can be completed without using a lawyer. In this article, we cover the basic steps of starting a claim in a civil court.
Starting Civil Proceedings: An Overview for Claimants
The Civil Procedure Rules (CPR) set out how civil claims must be started. This is primarily governed by Parts 7 and 8.
Part 7 is used in most civil cases, particularly those involving factual disputes or cases that are likely to require a trial.
Part 8, by contrast, is intended for claims where the claimant seeks a declaration or an injunction and there are not significant disputes of fact relating to the claim. It is often used in cases involving the interpretation of a document, the determination of a point of law, or the enforcement of an arbitral award. It is also appropriate where the claim follows a specific statutory procedure, such as claims under the Companies Act 2006, claims to rectify the register of title, or proceedings concerning probate or the administration of estates.
The first step is, therefore, to decide whether to use the Part 7 procedure or the Part 8 procedure, before reading the rules (here, and here) to get an understanding of what they require.
Issuing a Claim
A civil case formally begins when the claim form is issued by the court. In the High Court, this is done by filing the claim electronically using the CE-File system.
A fee is payable when issuing a claim. This fee depends on the value of the claim (including interest) and at the time of writing ranges from £35 for claims up to £300, to £10,000 for claims exceeding £200,000. Where the amount claimed is not specified, the maximum fee applies. These fees are reviewed periodically.
The latest civil court fees can be found here.
The Claim Form and Particulars of Claim
The claim form sets out the names of the parties, the details of their legal representatives (if any), a short description of the claim, and the remedy or amount being sought.
The detailed facts of the case are provided in the Particulars of Claim (POC). This can either be included in the claim form or served separately, either at the same time or within 14 days. The POC must be accompanied by a response pack, which includes forms to acknowledge service, admit or defend the claim, and (if applicable) to dispute the court’s jurisdiction.
Service of the Claim Form
If the claim form is to be served within England and Wales, it must be served within four months of issue. If it is to be served outside the jurisdiction, the time limit is six months and permission from the court may be required. Claimants can apply to extend these deadlines in certain circumstances. Because this area of law can be complex, it is advisable to seek legal advice where cross-border service is involved.
Service can take place in a variety of ways, including personal service, post, email, or other electronic means (if agreed in advance). CPR Part 6 lists the permitted methods of service. In some situations—such as in crypto fraud claims—the defendant’s identity or location may not be known. In such cases, the courts have adopted flexible approaches. For example, the court has even allowed service of the claim form via NFT. In other cases, service through social media platforms like Facebook and Instagram has been permitted.
Serving Outside the Jurisdiction
Where the defendant is outside England and Wales, the claim must come within one of the jurisdictional gateways listed in Practice Direction 6B. The court’s permission to serve abroad is often required.
Contents of the Particulars of Claim
The Particulars of Claim must clearly set out the facts relied upon, the legal basis for the claim, the remedy or relief being sought, and any documents or evidence the claimant intends to use. The POC must be clear enough for the defendant to understand the claim and respond to it appropriately. It must also comply with any applicable practice directions or Pre-Action Protocols relevant to the type of claim being brought.
Serving the Particulars of Claim
The POC may be served either at the same time as the claim form or separately within 14 days.
Responding to the Claim
Once the POC has been served, the defendant must respond promptly. The first step is to file an acknowledgement of service within 14 days of being served with the POC, whether or not it was served with the claim form.
If the defendant intends to defend the claim or dispute the court’s jurisdiction, they are granted a further 14 days to do so (see CPR Parts 10 and 11).
Under CPR 15.4, a defence must be filed within 28 days of service of the POC. This deadline can be extended by written agreement between the parties for up to 28 additional days (CPR 15.5), or further extended by an order of the court on the defendant’s application (CPR 15.6). If the defendant fails to serve a defence within the required time, the claimant may apply for default judgment under CPR Part 12.
Replies and Counterclaims
Where the defendant files a defence and also brings a counterclaim, the claimant has 21 days from service of the defence to serve a reply and a defence to the counterclaim (CPR 15.8). If there is no counterclaim, serving a reply is optional, unless the court orders one to be filed (CPR 15.9).
Replies should be reserved for situations where it is necessary to respond to new issues raised in the defence or to set out a positive case not already included in the original claim (CPR Practice Direction 15, paragraph 2.1).
Case Management and Track Allocation
After all statements of case have been exchanged, the court will allocate the claim to an appropriate track based on its complexity and value:
Small claims track – for claims worth up to £10,000
Fast track – for claims between £10,000 and £25,000
Intermediate track – for claims up to £100,000
Multi-track – for claims exceeding £100,000
Once allocated, the court will give case management directions to take the matter to trial. These directions may be made by the court or agreed between the parties, depending on the track.
In multi-track cases, the directions typically set out the timetable for the exchange of documents and witness statements, whether expert evidence will be permitted, and how long the trial is expected to last. If the parties cannot agree directions, the matter will be dealt with at a Case Management Conference (CMC), where the court will impose a timetable to move the case forward.
Recent Procedural Developments
The English courts continue to adapt their procedures. In the Business and Property Courts, where most construction and engineering claims are heard, two alternative schemes have recently been introduced:
The Shorter Trial Scheme is designed for cases that do not require extensive disclosure or lengthy witness evidence. These cases are expected to reach trial within eight months of the CMC, with judgment handed down within six weeks of trial.
The Flexible Trial Scheme allows the parties to tailor the litigation process by agreement, ensuring that the procedure fits the nature and complexity of the dispute.
These schemes aim to make litigation more efficient and cost-effective, particularly in commercial matters.
If you need help navigating the steps required to sue someone, or you are being sued and need help responding to a claim, contact Hamshaw today.