Consider First

These are the considerations you have in mind before starting legal proceedings.

Can I afford to go to Court?

There will usually be a Court Fee to pay, and this can be substantial. The actual amount will depend on the amount of your claim. In some cases, where Claimants are unemployed or of limited means, a fee remission or exemption can be obtained. Further Court fees may be payable if the case proceeds on a defended basis.
You may need to pay the costs of witnesses to attend Court. There will be copying and administrative costs. In certain cases where an expert is required to give evidence, you will need to pay the experts fee. Sometimes a case will be transferred to a different Court, and you will have to meet the cost of traveling to that Court.
Even if you are successful and win the case, you may have further expense in paying Court fees for enforcement of the judgment.
You will invariably have to devote much of your time to the case. and litigation can be very stressful.

What help will I need?

This may depend upon how much time you are prepared to spend on the case. An option is to instruct a solicitor to act for you, but the cost will be considerable. Even if you are successful, and obtain an Order that the other party pay your costs, they are unlikely to fully cover what you have paid. If the matter is heard as a small claim, solicitor’s costs will not usually be recoverable.
Small Claims can be quite straightforward, and are indeed intended for litigants to represent themselves. However cases allocated to the fast or multi-track can be quite complex, and require professional help.
It is also useful to have a professional and experienced person to advise on your prospects of success, and act as ‘devil’s advocate’
Legal-Zone provides assistance for those who choose to act for themselves at a price that can be afforded.

Have I tried every avenue to agree a solution directly?

Issuing proceedings should be the last resort, and only taken when everything else has failed. However if you threaten Court action and this does not result in a settlement, you will have no alternative other than to issue proceedings.

If I win, can the Defendant afford to pay?

To sue someone without any money or means to pay a judgment [ a man of straw] is throwing good money after bad. Always check first to see if a potential Defendant is unemployed, bankrupt, without any money or assets of their own, have endless other debts and liabilities or, in the case of a company, have ceased to trade.
You may well be advised to first check with the registry of County Court judgments to find out if there are any other unpaid judgments, or with the insolvency service. There are other commercial organisations which will provide credit reports to assist.

Would arbitration or mediation or conciliation work?

These can have significant cost advantages over Court Proceedings. See the relevant sections on this web site.

Do I know exactly who I am suing?

It is essential that the person, or more often the Company you are suing is the one who is legally liable to you.

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Consider First

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These are the considerations you have in mind before starting legal proceedings.