Filing a court claim without checking whether your case actually holds up is a fast way to waste time and money — a poorly framed claim can be struck out, and in some situations you could even be ordered to cover the other side's costs. Citizens Advice's legal guidance exists specifically to help you check your position before you commit to anything.
What this actually covers
Citizens Advice's law and courts section is free, independent guidance covering how the court system works, what alternative dispute resolution (ADR) options exist before litigation, and whether you might be eligible for free legal aid representation in specific case types — most commonly discrimination, housing, and certain situations involving vulnerability or risk of harm.
The two checks worth doing before anything else
- Check your limitation period. Under the Limitation Act 1980, most contract-breach claims must be brought within 6 years of the breach. Miss this window and you generally lose the right to sue, no matter how strong your case is otherwise.
- Check whether the clause you're disputing is actually enforceable. Terms that unfairly disadvantage a consumer can be void under the Consumer Rights Act 2015, regardless of what you signed — Citizens Advice's guidance can help you work out whether a clause you're relying on, or one being used against you, genuinely holds up.
Courts expect you to have tried mediation first
Before issuing a claim, courts generally expect both sides to have at least considered alternative dispute resolution. Being able to show the court that you offered mediation, or attempted to settle reasonably, strengthens your position — and if the other side unreasonably refused a genuine offer to mediate, that can affect how costs are awarded later in the process.
How to use this before you act
- Describe your situation using Citizens Advice's guided tools to identify which area of law applies (consumer, housing, employment, etc.) — the right guidance differs significantly by category.
- Check the specific limitation period and any pre-action protocol that applies to your type of claim.
- If your income and case type qualify, check the Legal Aid Agency's eligibility checker before assuming you'll need to pay for a solicitor.
- Only once you've confirmed your position, decide whether to proceed with a Letter Before Action, small claims court, or another route entirely.
See also: once you've confirmed your case, here's how to take a company to small claims court without a solicitor.