When is the small claims Court appropriate?
- If the case has a financial value of less than £10,000;
- If the case is straightforward and not complex.
What does the small claims Court do?
- Deals with the matter quickly at a minimal cost;
- Once allocated to the small claims court, the Court will give standard directions and fix a date for the final hearing.
The costs recoverable at a small claims Court are limited and relate to the court fees, reasonable travel expenses, loss of earnings (subject to restrictions) and expert’s fees (if the Court has allowed an expert to be instructed).
If you are successful the other party will generally be ordered to pay these costs.
In relation to legal costs, the usual rule for the small claims track is that each party bear their own and for this reason some people will bring or defend a claim themselves. The Court does, however, have discretion in relation to costs and has the power to award further costs if a party has behaved unreasonably. An award of costs in addition to the fixed costs is extremely rare and the discretion of the Court in this regard is confined to those cases where an opponent behaves unreasonably in the conduct of the litigation itself.
It is sensible, however, to seek initial advice before issuing or defending a claim issued in the small claims court, as many claims follow certain protocols which is an important part of the process and should not be overlooked as your claim may be at risk of failing at Court.
If you are considering issuing a claim at the small claims Court, or have recently received papers notifying you of a claim issued against you, then please do not hesitate to contact us for advice to ensure that you legally know what your rights are, and to ensure that any paperwork required is in order.
For more information, you can contact us here.
