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Going to court to resolve a leasehold dispute

After you start your court claim

County Court claims are governed by Civil Procedure Rules. These set out the steps to follow, and ensure your claim is handled fairly and proportionately. The rules are complex and the steps vary depending on the type of claim. This page gives a short overview only.

Step 1: The defendant receives the claim form documents

Once you have started your claim, the details are shared with the other side (the defendant).

This is so the defendant is officially aware of the legal proceedings against them.

In most cases the documents will be served (posted) by the court. In some cases you can choose to serve the documents on the defendant. There are strict rules on how you can do this.

Step 2: The defendant responds

The defendant has 14 days from receiving the claim form documents to respond.

They can respond in different ways:

  • accept they owe the money or they agree to what you’re asking for – if so, they should pay any money within 5 days
  • refuse to do what you’re asking for, or refuse to accept they owe any of the money (or accept they owe part of the money only) – if so they will file a defence

If the defendant does not respond you can ask the court for a “judgment in default”. How you do this depends on if you made the claim online or if you claimed a fixed or unspecified amount.

The defendant could also bring a counterclaim against you.

Step 3: Review the defendant’s response and decide how to proceed

How you proceed will usually depend on the defendant’s response.

If the defendant:

  • admits they owe the money – you will either be offered the money immediately, or you may need to review an instalment plan
  • accepts they owe part of the claimed amount – you can accept or refuse, and if you refuse the case will proceed
  • disputes the claim – the case will proceed

If the case proceeds, you’ll receive a Directions Questionnaire from the court asking for further details about the dispute. You can also ask for a preferred court location.

Step 4: Your claim is allocated to a track by the court

Your claim will be allocated to a particular “track”, generally based on its value, how complex it is, and information supplied in the Directions Questionnaire.

The court will decide which track your case should follow.

The track affects the directions (instructions) that will be given, how formal the process is and what costs you might be able to recover.

The different County Court tracks

Small claims track - Show Contents
  • For disputes that are not complex and worth up to £10,000 (or up to £1,000 for disrepair cases)
  • The process is usually simpler and less formal. Both sides attend an appointment with a mediation service
  • Using a solicitor or expert witness is usually discouraged
  • The amount of costs you can recover is limited – usually each side must pay most of their own legal costs
Fast track - Show Contents
  • For claims worth £10,000 to £25,000 that are not complex
  • Expert evidence, for example a surveyor or engineer, is usually limited
  • The winning side can recover a fixed amount of legal costs
Intermediate track - Show Contents
  • For claims worth £25,000 to £100,000 that are more complex
  • Trials can last up to 3 days
  • Each side can usually use up to 2 expert witnesses
  • The winning side can recover a fixed amount of legal costs
Multi-track - Show Contents
  • For claims worth over £100,000, more complex claims and most non-financial claims
  • The court gives more detailed directions to manage the case
  • The winning side can recover their reasonable legal costs – there is no fixed limit

Step 5: The court gives directions (instructions)

If the dispute is unresolved, the court will issue directions to you and the defendant, telling you what must be done and when.

Directions help ensure everyone knows what is expected of them and is kept informed.

A Directions Order could include instructions about:

  • which documents and evidence to disclose, and when
  • alternative dispute resolution
  • witness statements
  • expert evidence
  • a pre-trial review

If your case is complex, the judge might schedule a case management conference (sometimes called a case management hearing) where you, the defendant and the judge discuss evidence requirements, narrow down legal issues and set timetables, including hearing dates.

Step 6: Arranging the hearing

Ahead of the hearing, the court will send you a “notice of allocation” telling you:

  • the date and time of the hearing (you’ll get at least 3 weeks’ notice)
  • where the hearing is
  • how long it will last
  • when to pay the hearing fee
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Either side can offer to settle a claim before the final hearing. The court will expect you to agree to settle if the other side makes a reasonable offer.

Find out more

Last updated:
21 September 2026
Next review:
21 September 2028
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