Small claims court
In the UK, the vast majority of legal disputes which cannot be resolved end up in the small claims court, so it is important to know some basic things about what it is, how it works and what you need to know about it. So here goes.
The small claims court is part of the County Court system which incorporates local courts all around England & Wales to deal with civil litigation.
Small claims are usually claims worth less than £5,000,00 where it would be disproportionate and expensive to have full court process and where legal costs can easily massively outweigh the amount being contested and so would consequently frighten off legitimate claimants from making claims.
There are really 3 crucial things to know about bringing a claim in the small claims court :-
1. The general rule is that regardless of who wins or loses neither party get their legal costs paid, so think very carefully about incurring legal fees whether you are claimant or defendant
2. the normal civil procedure rules are abridged and the process of a small claim is faster (although this is relatively speaking) than for higher value claims and the procedure at hearing is more informal, with a trial taking place in a small office where everybody sits down around a table including the Judge (who does not wear robes or a wig!)
3. the court rules still apply – you need to comply with the court rules and procedural orders which generally include swapping relevant documents and evidence with your opponent in good time before the final hearing and treating your duties to disclose documents, whether they help or hinder your case, seriously. You are likely to lose the case and infuriate the Judge if you turn up with witness statements only on the day of the hearing.
We hope this helps. Many individuals and small companies involved in a small claims dispute still opt to take legal advice, but only on a limited basis, to keep their costs down. This is often a sensible strategy.