Court claim

Court is a formal process where you ask a court to decide the outcome

When should you take a claim to court?

A court claim is usually a last resort in resolving a dispute, after trying other means such as negotiation and/or mediation. One party makes an application to the court, both parties then present their case, and the court decides how to resolve the dispute.

A court claim will be considered if, for example:

• negotiation is unsuccessful
• one party is seeking to have a principle of law established
• the only legal remedy is through a court
• an injunction is needed, for example to protect someone from violence or to prevent someone from doing something.

Judges expect people and their legal representatives to try to resolve their case using other methods such as negotiation or mediation. You may be asked when your case goes to court whether you have done so - and, if not, why not. Even during a court claim you will have the opportunity to negotiate with the party your dispute is with, and you can also use mediation at this time to help you reach a solution. Some courts offer a mediation service. These options are open to you throughout the claim process up to the time when the court makes its decision, and you should ask your solicitor to take advantage of every such opportunity to reach a satisfactory solution.

When is a court claim not suitable?

A court claim may not be appropriate when:

• you and the other party are willing to reach your own solution
• you are likely to have an ongoing family or business relationship with those you are in dispute with
• there is a special tribunal which deals with the type of dispute you are involved in

How can a solicitor help?

The law and legal procedures are complex, and there are time limits in which you can bring or defend a claim. Most people need help from a solicitor when bringing or defending a court claim. The party you have a dispute with may use a solicitor, even if you don't.

A solicitor can advise you about how to try to resolve your dispute, whether or not it is best dealt with through the court system, and how likely you are to succeed in bringing or defending your claim. They will discuss any legal issues which may affect your decision about whether and when to bring or respond to a court claim.

If you appoint a solicitor, he or she will usually first negotiate with the other party (or their solicitor) to try to reach a satisfactory solution without going to court. If you do go to court, your solicitor will assist throughout the claim process.

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Is there any cost associated with court claims?

You will incur court fees if you bring a claim, but if you win your case you may be able to recover these, other expenses and your legal costs from the person you have a dispute with. If you lose the case, you may also have to pay the other party's costs.

If you appoint a solicitor to provide advice or assist you with your claim, he or she must explain to you at the outset how the firm charges and the likely cost of dealing with your issue.

Your solicitor will also discuss options for funding your legal costs (through a trade union or with legal expenses insurance support, for instance), and advise you whether you are eligible for help with paying your legal costs through legal aid.

Is a court's decision final?

There may be grounds to challenge the court's decision. Your solicitor will be able to advise you on this.