Going to Court

Going to Court is supposed to be a last resort and is a major step in any case.  However, a case can be like a fish and the longer it sits around the worse it gets.

Court proceedings should not be issued until any "protocol period" for the other side to respond has expired. Also, there can be good reasons for delaying going to Court.  If there are meaningful negotiations taking place then it would generally be wrong to issue Court proceedings.  Also, if you have not recovered from any injuries it may be premature to try and settle the claim or go to Court instead of using the additional time allowed for bringing the claim.

There is also an absolute deadline by which you need to have brought Court proceedings, known as the limitation date.  For personal injury claims this is 3 years from the accident or date of knowledge of significant injury, whichever is the later, unless you were under 18 or not of sound mind at the time, in which case it is 3 years from you reaching 18 or achieving sound mind.  For most other claims the period is 6 years.  Claims can be brought outside of these periods, but we strongly recommend you seek expert advice first and as soon as possible if you are in this situation.

Proceedings have to be issued on Court forms which are available on the internet or from any County Court. A fee may have to be paid, although people on low income can apply for exemption.

Once proceedings have been issued they must be served on the other side within 4 months where they are based in England and Wales, and 6 months if outside of this.  If you fail to serve them then the Claim automatically fails.  You can ask the Court to serve them, but if it goes wrong it is your responsibility.

Once a claim has been issued and served the other side have 14 days from service to Acknowledge Service and 28 days from service to file a Defence.  You can agree to let them have more time if you wish. Once a Defence is filed the Court issues questionnaires to the parties and takes over control of the progress of the case.  You will have deadlines to provide information to the Court and the Court will issue Directions on what steps need to be done to prepare the matter for trial and when. Where Directions are given you must try and comply with these.  If you cannot comply you should tell the Court about it and why as soon as possible.

Sounds simple? This is an extremely abridged version of what should happen.  The conduct of litigation is governed by the Civil Procedure Rules. There are 39 rules on the above alone, covering over 600 pages of a book known as the "Brown Book".  Get it wrong and it could cost you a lot of money. There is no substitute for using a lawyer who knows what they are doing and most lawyers will have an initial discussion on your case without charge if it goes no further, so it costs nothing to get an idea where you stand.