Updated 8 Feb 2018
Please always check that the law is up to date and please be aware that whilst all attempts are made to update these pages regularly, the law does change over time. Also be aware that the law is not fixed. This means that an individual case may have certain features that mean the usual rules do not apply. All claims are unique and general advice is limited.
One that is under £10,000 but there are exceptions in housing disrepair claims (£1,000) and personal injury where the limits are currently £2,000 for the injury value in whiplash and £5,000 for other types of claims. Beware that a small claim is not a small claim until it has been allocated by the court to the small claims track. Also beware that the £10,000 limit is just a starting point and that the individual features of a case may take it outside the normal track. (The £10,000 limit is accurate as of 1 Feb 2018, but be aware it does change and at time of writing the personal injury thresholds are likely to change.)
It is a special process where the rules are slightly more relaxed and, fundamentally, the normal rule that the loser pays the winners costs does not apply, so this means in effect that lawyers are kept out of the process. (As are their fees!) But you can still use a lawyer and some big corporations with deeper pockets than you will.
It depends on the claim value – see EX50 Court Fees and note that it is slightly cheaper where proceedings are issued online. 5% of claim value is not a bad rule of thumb to issue and a hearing fee of anywhere between £25 – £335 is payable if it gets that far. (But google EX50 – its all in there!)
Yes, some expenses like travel and £750 maximum expert fees and your court fees.
No. You should be aware that it is the same judge and court that you would get in any claim (eg. a fast track or multi-track claim) and that this does also mean it is the same law and you should not think that you can get away with abbreviated or truncated pleadings. (Ie. particulars of claim, defence, reply or counterclaim.) We see all too many cases where the particulars of claim have been poorly and quickly drafted and this leads to complications as the claimant has to make a special application to amend and could even get their claim struck out.
No! Evidence is produced by means of witness statements and this is a later stage of proceedings and will be ordered by the court. Do not include all that killer evidence you think is so important at the time you file and serve your particulars of claim or defence, or with your directions questionnaire. Include it under cover of your witness statement.
After all the pleadings have been completed and filed and served the court requires you to fill out forms to help it and you manage the claim properly.
This is often brought, especially by big companies who can afford lawyers, to attack your claim early and punch holes in it and if it is made before your claim is allocated to the small claims track you could be on the wrong end of a costs order at the strike out hearing. (Note the importance above of correctly pleading your claim or defence.)
Usually two hours or half a day. If the trial is going to take a day it really becomes a fast track claim and so be careful you do not ask the court in your directions questionnaire for permission for lots of witnesses. Two is not a bad maximum to have in mind.
If the Defendant is not a company it can elect to have the claim moved to its home court.
You could end up paying the expert fees, court fees, and expenses like travel expenses. But not lawyer’s fees. There is however a discretion that the judge has to award higher fees – including legal fees – if he feels that the conduct of a party has been very unreasonable. Rare but it can happen.
This is the process of exchange of all documentation after the pleadings stage but before witness statements. Each party should give the other a list of everything relevant (including adverse to its case) and parties then request copies. Or often just the copies are swapped for simplicity. In small claims the process is often bundled up with a single date for exchange of all evidence on which the parties rely and there is no specific disclosure stage.
Only sparingly if your case is on the small claims track and definitely if it is more complex and on a higher track. But there is no rule. If you want to run your case yourself the court will accommodate this.
Be organised. Get your paperwork in order and understand that preparation is key. If you are prepared you will do well at trial. Watch the Redwood Legal videos on how to do it yourself.
Yes. Remarkably well in our view. But do not think you can just issue a claim without proper preparation. Really being clear about your case and asking yourself, “Is my claim really genuine and strong?” is important. If it is you should “go for it” – and not look back.
We represented an architect who did some design work but the defendant did not like the work and instructed other architects and tried to avoid paying the bill. We gave them £500 + VAT worth of advice on their claim papers and witness statement that they had drafted and advice on how to handle the hearing.
We represented a property businessman who was sued by an estate agent for an oppressive finder’s fee clause in a contract which meant he had to keep on paying them commission. We reviewed his case and discovered loop-holes in a poorly drafted contract and then helped him put in a defence. The cost was £450 + VAT. The estate agent dropped the case.
We represented a boilerman who had installed a new boiler and the customer would not pay his invoice for £2,500 and then accused him of causing damage in a counterclaim of over £5,000 for her own losses. We helped him draft a reply and defence to counterclaim for £450 + VAT. We also provided email support and the occasional phonecall by way of back-up as the claim progressed to trial. The claim became a bigger case as the result of the counterclaim and the fees are likely to exceed £1,500.
