Before a claim starts (the pre-action stage)
Before anything is filed at court, the parties are expected to communicate. This usually means a letter before action setting out the dispute, followed by a chance for the other side to respond. Many disputes settle here. The court expects reasonable conduct at this stage and can take it into account later.Issuing the claim
If the matter is not resolved, the claimant starts, or issues, the claim at court. This involves a claim form and, usually, particulars of claim that set out the facts and the legal basis. A fee applies. Once issued, the claim is formally served on the defendant.The response
The defendant then responds. They may admit the claim, defend it by filing a defence, or in some cases bring a counterclaim. There are strict time limits for responding, and missing them can have serious consequences, including judgment being entered by default.Allocation to a track
The court allocates the claim to a track based mainly on its value and complexity. The track affects how the case is managed, the costs rules, and how much procedure applies. See claim tracks explained.Directions and preparation
The court gives directions: a timetable of steps leading to trial. These commonly include disclosure of documents, exchange of witness statements, and any expert evidence. This is the stage where organising evidence carefully matters most.Trial
If the case does not settle, it goes to a hearing where a judge hears the evidence and arguments and makes a decision. Even at this stage, many cases settle before trial.Settlement can happen at any point
It is worth stressing that settlement is possible at every stage, not only at the start. A large proportion of civil claims resolve without a trial.Related reading
Portia is a document-organisation tool for people handling civil disputes in England and Wales. It is not a law firm and does not give legal advice. Learn what Portia does.