How do I sue someone?

You may be able to sue (or bring a claim) against a person or company if you have suffered a loss due to the actions or omissions of another person or entity. For example, you can issue Court proceedings if you are owed money, you are being treated unfairly as a shareholder, or a contract has been breached (amongst other disputes).

There are several important considerations before bringing a claim. Firstly, you should ensure your claim isn’t statute barred (for example, you have 6 years to bring a claim for breach of contract). Appropriate consideration will also need to be given to your likelihood of success and the likelihood of recovering any sum awarded (by checking if the company or individual you are bringing an action against is solvent or they have insurance to cover your claim). Your solicitor will also provide an estimate of costs and undertake a cost-benefit analysis.

If the dispute cannot be resolved by negotiation between the parties, a claim can be issued with the Court by filing the appropriate form, along with a Court fee. You can claim for a specified amount, or if the value of the claim is difficult to quantify, you can claim for an unspecified amount. Dependant on the complexity of your case, a Barrister may be instructed to prepare the pleadings and represent you in Court.

The litigation process begins with the completion of a claim form and accompanying ‘Particulars of Claim’, which will set out the facts of the case and the amount/remedy sought. These documents are then filed with the appropriate Court and served on your opponent. The other party (referred to as the Defendant), will be asked by the Court to file and serve an ‘Acknowledgement of Service’ confirming whether they admit or intend to defend the claim. If the Defendant is defending the claim, they have 28 days from service of the claim in which to file and serve their Defence. If the Defendant fails to provide a Defence, you can apply to the Court to have a default judgment entered against them.

If the Defendant engages with the proceedings and the matter proceeds to Court, there will likely be a Costs and Case Management Conference held, which is essentially a Court hearing to determine directions for the case and budget for the legal costs. A Judge will issue directions at the hearing, such as setting dates for disclosure and witness statements to be filed.

The parties will be expected to comply with the directions set by the Court before proceeding to the Trial. If the case has not been settled before the Trial, the matter will be determined by a Judge and an order will be made on liability and quantum.