Do You Have a Claim? How to Evaluate Your Case Before Going to Court in 2026

Someone has wronged you. You have been overcharged, underpaid, let down by a contractor, ignored by a company that owes you money, or treated in a way that has caused you real loss. You want justice. You want your day in court.

We understand. Agent 77 — our co-founder — has been wronged a total of thirty times and pursued every single one through the courts. Some succeeded. Some did not. The difference was never about how angry he was. It was about whether the claim was sound.

Before you file anything, you need to stop and ask yourself one honest question: do I actually have a claim?

This is not about whether you feel wronged. Courts do not deal in feelings. They deal in facts, evidence, and law. A strong sense of injustice is not the same as a strong case. This guide will help you work out which one you have — and what to do about it.

The Three Things Every Claim Needs

Every civil claim in England and Wales, no matter how large or small, rests on three foundations. If any one of them is missing, your claim is unlikely to succeed.

1. A Legal Basis

You need to be able to point to a recognised legal wrong. The most common in civil litigation are:

• Breach of contract — Someone agreed to do something (or pay something) and they have not done it. This could be a written contract, a verbal agreement, or terms implied by law.
• Negligence — Someone owed you a duty of care, breached that duty, and you suffered loss as a result. Professional negligence claims against solicitors, accountants, or medical practitioners fall into this category.
• Breach of statutory duty — Someone has broken a specific law that gives you the right to claim. Consumer protection, employment rights, and housing regulations often create these rights.
• Debt — Someone owes you money for goods or services you have provided, and they have not paid.

If you cannot identify which legal category your complaint falls into, that does not necessarily mean you have no claim — it may mean you need help understanding the legal framework. This is exactly the kind of question Chris can help you with.

2. Evidence

A claim without evidence is just a story. The court will not take your word for it — and the other side will certainly dispute everything they can. You need to be able to prove what happened.

Ask yourself:

• Do you have it in writing? Contracts, emails, text messages, invoices, receipts, letters — anything that records what was agreed or what happened. Written evidence is the backbone of almost every successful claim.
• Do you have a paper trail of payment? Bank statements, transfer confirmations, invoices marked as paid — if your claim involves money, you need to show exactly what you paid and when.
• Do you have photographs or records? If your claim involves defective goods, property damage, or poor workmanship, photographs taken at the time are powerful evidence.
• Do you have witnesses? Anyone who saw what happened, heard what was said, or can confirm the facts as you describe them. Their evidence may be needed in a witness statement.
• Do you have a timeline? Courts expect you to present events in chronological order. If you cannot reconstruct what happened and when, your case will be harder to prove.

Sit down and gather everything you have. Every email, every receipt, every text message. Organise it by date. This is your case file, and it will tell you — honestly — whether you have the evidence to back up your claim.

3. Quantifiable Loss

You need to be able to put a number on what you have lost. The court awards compensation — it does not punish people for being unfair. Your claim must specify an amount, and that amount must be justified.

• Unpaid invoices — The amount on the invoice, plus any contractual interest or late payment charges.
• Cost of remedial work — If a contractor did a poor job, what did it cost you to have someone else put it right? Get quotes or receipts.
• Financial loss caused by a breach — Lost earnings, additional expenses, the cost of alternative arrangements. Each item needs to be documented.
• Returned deposits or overpayments — The exact amount paid, evidenced by bank statements.

Vague claims for “compensation” or “damages” without a specific figure and supporting evidence will not succeed. The court needs to know exactly what you are claiming and why that figure is justified.

The Honest Assessment

Once you have considered those three elements, it is time for the honest conversation with yourself. Ask:

1. Can I prove what I am saying? Not just believe it — prove it, with documents a judge can read.
2. Is the amount worth pursuing? Court fees, your time, and the stress of litigation all have a cost. A claim for £200 that takes six months of your life may not be worth it — even if you win.
3. Can the other side actually pay? Winning a judgment against someone who has no money and no assets is a hollow victory. You may end up with a piece of paper you cannot enforce.
4. Have I tried to resolve this without court? The court expects you to have made a genuine attempt to settle the dispute before issuing proceedings. If you have not, the judge may penalise you on costs — even if you win on the merits.

Before You Sue: The Letter Before Action

If your honest assessment says yes — you have a legal basis, you have evidence, and you have a quantifiable loss — the next step is not to issue court proceedings. The next step is a letter before action.

A letter before action (also called a letter of claim or pre-action correspondence) is a formal letter to the person or organisation you intend to sue. It sets out:

• Who you are and what the dispute is about
• The facts of your claim, briefly and clearly
• The legal basis for your claim
• The amount you are claiming and how it is calculated
• What you want them to do (usually pay within 14 or 28 days)
• A clear statement that you will issue court proceedings if they do not respond

This letter serves two purposes. First, it gives the other side a fair chance to settle without the cost and stress of court. Many disputes resolve at this stage — the other side may not have realised you were serious, or they may prefer to pay rather than face litigation. Second, it satisfies the court’s requirement under the Pre-Action Protocols that you attempted to resolve the matter before issuing proceedings.

Chris can draft your letter before action. Provide the facts, the evidence, and the amount — Chris will produce a properly structured letter that sets the right tone: firm, professional, and legally precise.

What If They Ignore You?

If the other side does not respond to your letter before action within the time you have given them, or if they respond but refuse to pay or engage, then you have done everything the court expects before issuing proceedings.

At that point, your options are:

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But before you click that button or post that form, make sure your case file is in order. Every document you intend to rely on should be saved, organised by date, and ready to disclose if the other side asks for it.

What Chris Can Help With

If you are not sure whether you have a claim, start there. Talk to Chris and explain what has happened. Chris can help you:

• Identify the legal basis — Is it breach of contract, negligence, or something else?
• Assess your evidence — What do you have, what is missing, and what do you need to find?
• Calculate your loss — What can you legitimately claim, and how should you present the figures?
• Draft the letter before action — A properly structured letter that gives the other side fair notice.
• Prepare your claim — If settlement fails, Chris can help you draft your particulars of claim and complete the court forms.

The earlier you start this process, the stronger your position. Evidence gets lost. Memories fade. Limitation periods expire. If you think you have a claim, act on it — but act wisely.

Key Takeaways

• Every claim needs three things: a legal basis, evidence, and a quantifiable loss. If any one is missing, stop and think carefully before proceeding.
• Gather your evidence first. Emails, invoices, contracts, bank statements, photographs, text messages — collect everything and organise it by date.
• Put a number on it. The court needs a specific figure, supported by documents. Vague claims for “compensation” will not succeed.
• Be honest with yourself. Not every wrong is worth litigating. Consider the cost, the time, and whether the other side can actually pay.
• Always send a letter before action. The court expects it, and many disputes settle at this stage without ever reaching a courtroom.
• Start early. The sooner you organise your case, the stronger it will be.

Ready to evaluate your claim? Talk to Chris — explain what has happened, and let’s work out whether you have a case worth pursuing.

Frequently Asked Questions

How do I know if my claim is worth pursuing?

Consider three things: do you have a legal basis (breach of contract, negligence, or statutory duty), can you prove it with evidence (documents, emails, photographs, witnesses), and have you suffered a quantifiable loss? If all three are present, your claim is likely worth pursuing. If any one is weak, think carefully before committing time and money to litigation.

What is the time limit for bringing a court claim?

Most civil claims must be brought within six years from the date the cause of action arose (Limitation Act 1980). Personal injury claims have a three-year limit. Some specialist claims have shorter periods. Once the limitation period expires, your claim is statute-barred and the court will not hear it, no matter how strong it is.

Do I need to send a letter before action?

Yes, in almost all cases. The Pre-Action Protocols under the Civil Procedure Rules require you to write to the other party setting out your claim and giving them a reasonable period (usually 14 to 28 days) to respond before issuing proceedings. Failing to follow the pre-action protocol can result in costs penalties even if you win your case.

How much does it cost to bring a claim in the County Court?

Court fees depend on the value of your claim. For claims up to £300, the issue fee is £35. For claims between £300 and £500, it is £50. The fee increases in bands claims of any value (no upper limit), after which it is 5% of the claim value.

Can I claim for stress or inconvenience?

General damages for stress, inconvenience, or distress are available in limited circumstances — typically where there is a contract specifically intended to provide peace of mind or enjoyment (such as a holiday), or where the breach of contract or negligence caused recognisable psychiatric injury. Ordinary frustration and annoyance from a breach of contract is not usually compensatable.

What is the small claims track and does my case qualify?

The small claims track is the simplest court track, generally for claims worth £10,000 or less (or £1,000 or less for personal injury). The procedure is more informal, costs recovery is limited, and you are not usually expected to have legal representation. Most straightforward money claims and consumer disputes are allocated to this track.

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From £30000. Case evaluation guidance and court document preparation.

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eLitigant is a Community Interest Company dedicated to access to justice. This guide is for general information only and does not constitute legal advice. Every case is different — Chris will help you understand the specific requirements of yours.

Frequently asked questions

What three things does every civil claim need?

A legal basis (a recognised legal wrong such as breach of contract, negligence, breach of statutory duty, or an unpaid debt), evidence you can prove with documents, and a quantifiable loss you can put a specific figure on. If any one of the three is missing, your claim is unlikely to succeed.

How do I know if my claim is worth pursuing?

Ask yourself whether you can actually prove what happened with documents a judge can read, whether the amount is worth the court fees, time and stress, whether the other side can actually pay, and whether you have tried to resolve the dispute before court. Not every wrong is worth litigating.

Do I need to send a letter before action?

Yes, in almost all cases. The Pre-Action Protocols expect you to write to the other party setting out your claim and giving them a reasonable period to respond before issuing proceedings. Failing to do so can result in costs penalties even if you win.

What should a letter before action contain?

Who you are and what the dispute is about, the facts of your claim set out briefly and clearly, the legal basis, the amount you are claiming and how it is calculated, what you want the other side to do, and a clear statement that you will issue proceedings if they do not respond.

What if the other side ignores my letter?

If they do not respond within the time you have given, or refuse to engage, you have done what the court expects before issuing proceedings. You can then consider issuing a money claim through OCMC or, where a claim cannot be made through OCMC, using Form N1. Make sure your case file is organised by date first.

Why does the court need a specific figure?

The court awards compensation rather than punishing unfairness, so your claim must state an amount that is justified and documented — unpaid invoices, the cost of remedial work, financial loss caused by a breach, or returned deposits and overpayments. Vague claims for “compensation” without a figure and supporting evidence will not succeed.

Related guides: How to start a money claim (OCMC) · Form N1 claim form guide · All civil court forms