What is a small claim?
Usually, if the value of a claim is less than £5,000 and the facts of the case are not complex, then the court will allocate the case to the small claims track. On the small claims track, even where a party wins at court, they generally cannot recover their legal costs from the losing party. This means that the courts have made it easier for Claimants to bring a claim in the small claims court themselves, without the need to be represented by solicitors. Claimants can therefore avoid high legal costs where the value of their claim is relatively low.
The most common types of claim that arise in the small claims court are:
- recovery of a debt
- faulty workmanship
- faulty goods
- failure to supply goods
How do I start a small claim?
Before making a claim you should consider whether there is any alternative way of settling the matter with the other party. For example, if you make a claim to the court for failure to supply goods, without having contacted the supplier to find out whether the goods are going to be delivered, the court might not be very sympathetic to your case. You should make the other side aware of the issue in advance, for example by telephone or letters of complaint, and try to negotiate a settlement with them. Issuing the claim in the court should be seen as a last resort.
To start a claim in the court the Claimant must fill in a Claim Form. This is a standard document which can be obtained from the Court Service website. Alternatively you can go to your local County Court Office and they will be able to provide you with a copy of the Claim Form and Guidance Notes about how to fill it in. On the Claim Form you must set out the brief facts and legal basis for your claim.
Once you have completed the Claim Form you should make copies of the form for:
- yourself
- the court
- each Defendant (if there is more than one)
You should then send three copies to the court to be sealed. The court will arrange to send the Claim Form to the Defendant, keep a copy for the court’s records and return a sealed copy of the claim for you to keep. There is a court fee for starting the claim, which you should send to the court with the Claim Form. The court fee varies from £30 to £108 depending on the amount of money you are claiming. The precise fee can be found on the Court Service website or by telephoning your local County Court.
What happens after I have issued a claim?
The Defendant then has three options: they can
- Admit the claim in full
- Dispute the claim in full
- Admit part of the claim and dispute part of the claim
If the Defendant wishes to dispute whole or part of the claim they will have to file a defence with the court and there is a set time limit for them to do this. If the Defendant does not respond to the Claim Form at all within the set time limit, you can apply to the court for a “default judgment” against the Defendant, which makes an order that the Defendant pay you the full amount you have claimed because no response to your claim has been received.
If the Defendant does defend the claim and the case cannot be settled, the case will proceed to a hearing. In preparing for the hearing, you should comply with any directions the court might give, for example supplying documents to the court and the Defendant by a certain date. A small claims hearing is usually fairly informal, and may take place in the judge’s room rather than in a formal court room. There will not be any jury, however hearings are usually public, which means that members of the public are allowed to sit and listen if they wish. The judge will sit behind a desk and give each of the parties an opportunity to put their argument forward.
You must remember that you will be required to prove your claim and the court will want to see copies of any relevant documents, for example letters or receipts. You should take these with you on the day of the hearing even if you have already sent copies to the court and Defendant.
Some final points to consider:
- There is always a risk in bringing a court claim that you might lose.
- Even if you win at court you might still have problems recovering money from the Defendant, particularly if they are heavily in debt and have lots of other creditors.
- If you obtain a judgment against the Defendant and the Defendant fails to pay, you must go through the court’s enforcement procedure, which will mean that you will incur added court fees. The court will not automatically take steps to make sure you are paid.
- Litigation can often be stressful and time consuming and should be seen as a last resort.
- If the facts of your case are complex or involve personal injury, or the value of your claim is more than £5,000 you should seek legal advice before issuing a claim yourself.
For further information or advice relating to this issue, please contact Rebecca Goodier in our commercial litigation department on 01689 887820 or email her at Rebecca.goodier@cwj.co.uk.
