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The Small Claims Court is designed to be simple enough for members of the public to conduct their own cases without the assistance of a solicitor.
Small claims courts can be used where a claim is typically less than £10,000 (less for personal injury cases). In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself.
Before April 2013 the limit for small claims was only £5,000, which meant that most claimants would not seek the help of a solicitor. Now that the limit has risen to £10,000, we find that clients often find it cost and time effective to consult us for help with a part of the process, such as the particulars of the claim.
Time Limits and Financial Considerations
Most consumer problems have a time limit of six years, although some claims have shorter time limits, so it is worth clarifying this before proceeding.
Initiating a Claim
You will have to pay a Court fee, but the amount of this will vary depending on the amount in dispute.
If you are making a claim to the Small Claims Court (the Claimant) then you will have to complete a Claim Form online via MCOL - Money Claim Online - Welcome outlining the ‘Particulars of Claim’. This initiates the process and and your claim will be sent to the person or business owing you money (the ‘Defendant’). They must respond to your claim and you will be notified of the the date that they need to respond by.
Responding to a Claim
If you are the Defendant, you will receive several documents from the court including a copy of the Claim Form, the Particulars of the Claim as well as a Response Pack. Using the Response Pack, you must either file an Acknowledgment of Service within 14 days of being served with the Particulars of Claim, followed by a Defence a further 14 days later. Alternatively, you must file a Defence 14 days after you receive the Particulars of Claim.
The most common types of claim in the small claims track are:
- Breach of Contract, including disputes over goods or services
- Damage to property
- Landlord - Tenant disputes, for example; rent arrears, deposit disputes or compensation for not doing repairs
- Unpaid debts, such as wages owed or money in lieu of notice.
If a case is complex, the judge may refer it to another track for a full hearing, even if it is below the financial limit of that track. This ensures that cases are handled appropriately based on their complexity and the legal issues involved.
Settlement Attempts
Before initiating court action, you are required to make reasonable attempts to settle the dispute through negotiation or alternative dispute resolution methods. Failure to attempt settlement may result in the court penalising you through cost sanctions or other measures.
If you would like advice on a small claim, contact our litigation department by contacting Kax Chana or Charlotte Green on 01827 317070 or email mail@pickerings-solicitors.com
Testimonials
We had cause to use Pickerings for advice and help in, what was for us, an awkward situation and Kax provided clear and concise advice which helped us achieve a successful outcome.
DG April 2024
Thank you for all the support, advice and patience you have showed for the family and I. A sense of humour has been required as well as a great degree of professionalism.
JW March 2024
We are delighted with the outcome on our matter. We never expected it to be cleared by the end of this year, thank you and your team so much.
Anon, Dec 2023
Professional, welcoming & knowledgeable. I would definitely recommend this Solicitors. Kax Chana, Emily Hawley & Charlotte Green are a credit to this Company.
RJ Dec 2023
