
Raphael Louis Levy
Philosopher | Aspiring Barrister | Blogger | Traveller
Law for everyone
The law can be confusing. Difficult. Challenging.
Let me help break it down for you.
Some disclaimers
The boring stuff
This page is intended as a guide providing some tips and tricks to help people navigate the quandary that the law and court proceedings can be.
This page does not constitute formal legal advice, nor is it a substitute for going to a qualified lawyer. Reading this page does not create a legal relationship between us nor do I accept responsibility for your relying on its contents. I will use my best endeavours to keep this page up to date. However, please note that this page was last edited on 12 March 2025 and depending on when you are viewing the page, the information may be out of date; please factor that into your consideration. In addition, this page is continually being updated to include more sections and information. If something you were hoping would be included, please feel free to reach out and ask about it - or, come back soon, and it may be part of a future update!
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It is crucial to remember that no legal proceedings are without risk. Things can be morally wrong or unjust without being unlawful or involve an actionable claim. Proving your case may be difficult or there may be no recoverable losses. Considering these questions and the potential risks in full is a crucial precursor to any legal action. I am also, generally, writing with regard to small claims (those brought in the small claims court for under £10,000). Some of what I say will be applicable beyond the small claims court, but unless explicitly stated otherwise, assume I am writing exclusively for that forum.
I hope this page is a useful starting point in assessing the risks and weighing them against potential benefits. However, that is all it is; a starting point. Information on how to ask further questions or instruct me more formally can be found here.
Do you have a claim?
This is probably the most important question and will always be the first one you must ask yourself. ​There are a myriad of potential claims and there will always be different considerations. However, these are some general principles that it is worth considering prior to bringing any legal action.
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First, what is your loss? This will usually be money but other examples can include opportunity or enjoyment. Working out a) what your loss is and b) the value of that loss is crucial.
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Second, once you have worked out your loss, who is responsible for that loss? Or, in simple terms, whose fault is it and why? You will need to show that the loss is fairly linked to the person or company you want to bring a claim against and that they should therefore pay you.
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Third, should (and could) the person or company responsible for your loss have done something differently?
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Fourth, is there anything stopping you from claiming? Sometimes companies have terms and conditions that may stop your claim. Do these terms apply? Were you told about them? These are all important questions.
Pre-Action Steps
What you must do before bringing legal proceedings
This is often referred to as the 'pre-action protocol'. Depending on the type of claim you are bringing, there will be different steps you must take before you can start legal proceedings. These are crucial; if you fail to comply with these requirements, your claim, even if completely legitimate, is liable to be what's known as 'struck out' for failing to comply with the relevant procedural steps. The most basic formula is that you must inform the person/company that:
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You intend to bring a claim
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Why you intend to bring the claim (or what they did wrong)
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What happened as a result
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How much that cost you
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What you are claiming
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And give them some time to response (normally two weeks is appropriate).
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There are also various specific pre-action protocols that must be complied with, which can be found here. These often come with template letters that you can copy and paste complete with the instructions on the sorts of documents you will need.
Important points
A non-exhaustive list of things to remember