Small Claims Court
What is the small claims court?
If someone owes you money and it appears you can’t settle the claim in any other way, then you may decide to issue a claim through the small claims court. A small claims court deals with any claim that doesn’t exceed £5,000. Small claims courts deal with a wide array of claims from contract claims, debt actions, housing disrepair and personal injury claims.
If you are claiming for personal injury, then it will only be heard in a small claims court if the amount claimed for the injury itself is no more than £1,000. If you are claiming with regards to housing issues involving a landlord’s failure to repair your property then the claim will only be heard in the small claims court if the cost of repairing the house or the compensation being claimed doesn’t equate to more than £1,000.
In some cases, even when the value of the claim is more than £5,000 and both parties agree, the county court could allocate the claim to the small claims court. If this happens the standard rule on costs do not apply, if the claimant loses the case then they may have to pay the defendant’s solicitors costs and vice versa.
In general, small claims courts are set up to be simple and cases are less complex so there is no need for you to instruct a solicitor to represent you on your behalf. If you do decide to use a solicitor it is important to remember that you won’t be able to claim back solicitor costs from your opponent if you win.
You can, however, claim back certain ‘fixed costs’ if you win in the Small Claims Court. These ‘fixed costs’ include any court fees you have paid, travel expenses and loss of earning in relation to your attendance at the court. You can also claim travel expenses and loss of earning for any witnesses who has come to the small claims court to give evidence for you.
You may also be able to claim for any expert reports you have paid for to help your case, for example, surveyor reports on home repairs.
Where are the small claims courts?
Small claims are dealt with in any county court. The court transfers the case to the defendant’s nearest county court if the claim is a fixed amount and the defendant is an individual not a registered company. In other circumstances either party can ask the courts to transfer the case to another county court.
If you think that your case involves complex law or fraudulent activity then you can ask for your claim to be taken out of the small claims court. You may also agree with your opponent that the claim should not be heard in a small claims court.
If you can prove other factors in the case would be unreasonable for a small claims court, then it may be deal with as a county court case.
Click here for information on the small claims court process ->
If someone owes you money and it appears you can’t settle the claim in any other way, then you may decide to issue a claim through the small claims court. A small claims court deals with any claim that doesn’t exceed £5,000. Small claims courts deal with a wide array of claims from contract claims, debt actions, housing disrepair and personal injury claims.
If you are claiming for personal injury, then it will only be heard in a small claims court if the amount claimed for the injury itself is no more than £1,000. If you are claiming with regards to housing issues involving a landlord’s failure to repair your property then the claim will only be heard in the small claims court if the cost of repairing the house or the compensation being claimed doesn’t equate to more than £1,000.
In some cases, even when the value of the claim is more than £5,000 and both parties agree, the county court could allocate the claim to the small claims court. If this happens the standard rule on costs do not apply, if the claimant loses the case then they may have to pay the defendant’s solicitors costs and vice versa.
In general, small claims courts are set up to be simple and cases are less complex so there is no need for you to instruct a solicitor to represent you on your behalf. If you do decide to use a solicitor it is important to remember that you won’t be able to claim back solicitor costs from your opponent if you win.
You can, however, claim back certain ‘fixed costs’ if you win in the Small Claims Court. These ‘fixed costs’ include any court fees you have paid, travel expenses and loss of earning in relation to your attendance at the court. You can also claim travel expenses and loss of earning for any witnesses who has come to the small claims court to give evidence for you.
You may also be able to claim for any expert reports you have paid for to help your case, for example, surveyor reports on home repairs.
Where are the small claims courts?
Small claims are dealt with in any county court. The court transfers the case to the defendant’s nearest county court if the claim is a fixed amount and the defendant is an individual not a registered company. In other circumstances either party can ask the courts to transfer the case to another county court.
If you think that your case involves complex law or fraudulent activity then you can ask for your claim to be taken out of the small claims court. You may also agree with your opponent that the claim should not be heard in a small claims court.
If you can prove other factors in the case would be unreasonable for a small claims court, then it may be deal with as a county court case.
Click here for information on the small claims court process ->
