When a business dispute cannot be resolved by negotiation, you may need to go to court. In England and Wales, civil litigation is governed by the Civil Procedure Rules (CPR), and choosing the right court or tribunal (and following the right pre-action steps) matters. Here is a plain-English guide to getting started.
First, the pre-action steps
You usually should not rush to court. The CPR expect parties to try to resolve disputes first, and to follow any relevant Pre-Action Protocol. In practice that means:
- sending a clear letter before claim (letter before action) setting out your claim, the facts, what you want and a deadline to respond;
- giving the other side a reasonable chance to reply and to settle; and
- considering alternative dispute resolution (such as mediation). Unreasonably refusing to consider ADR can lead to costs penalties, even if you win.
Issuing proceedings without following these steps can count against you on costs.
Which court or tribunal?
The right venue depends on the type and value of the claim:
- Employment Tribunal, for most employment disputes (unfair dismissal, discrimination, unlawful deductions). These go to the tribunal, not the ordinary courts.
- County Court, handles most business money and contract claims, allocated to a "track" by value and complexity:
- Small claims track, generally up to £10,000 (designed to be used without a solicitor);
- Fast track, generally £10,000–£25,000;
- Intermediate track, generally £25,000–£100,000 (for less complex cases); and
- Multi-track, the most complex or higher-value cases.
- High Court, for higher-value or complex/important claims, with specialist lists (such as the Business and Property Courts) for commercial, IP, insolvency and similar disputes. Note: the County Court has concurrent jurisdiction for most civil business claims, including many over £100,000; there is no automatic rule that claims above that figure must be issued in the High Court. The appropriate forum depends on value, complexity, importance and specialist list criteria.
Specialist regimes exist for particular matters (for example, intellectual property has its own court options).
How a claim is started
In broad terms:
- Complete a claim form setting out the claim and the remedy sought, with particulars of claim.
- Issue it at the appropriate court and pay the court fee, then serve it on the defendant.
- The defendant responds (acknowledging, defending or admitting); the case is then allocated to a track and proceeds through directions, disclosure, evidence and, if not settled, trial.
Watch the time limits
Most contract and tort claims must be brought within six years (Limitation Act 1980); some claims have shorter limits (for example, three years for personal injury, and strict short deadlines for many employment tribunal claims, often three months). Don't let the clock run out.
Practical guidance
- Try to settle first and follow the pre-action protocol (and consider mediation).
- Pick the right venue and track: allocation is not determined by value alone; the court also weighs complexity, estimated trial length and other case-management factors. Some business disputes may reach the multi-track or a specialist list even where the claim value is below the usual monetary thresholds.
- Mind the limitation period, especially the short tribunal deadlines.
- Weigh the cost, time and recoverability before suing, and take advice on prospects.
Key takeaways
- Follow pre-action steps (letter before claim, consider ADR) before issuing, or risk costs penalties.
- Employment disputes go to the Employment Tribunal; most money/contract claims go to the County Court (small claims / fast / intermediate / multi-track by value), with the High Court for high-value or complex cases.
- Start a claim with a claim form and particulars, pay the fee, and serve it.
- Mind limitation periods, generally six years for contract, but much shorter for tribunal claims.
Sources
- Civil Procedure Rules (CPR), including pre-action conduct and track allocation
- Court structure: Employment Tribunal, County Court tracks, High Court / Business and Property Courts
- Limitation Act 1980 (time limits)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.