Making a claim within the UK’s Small Claims Court is an informal way to take legal action against another individual or company, for claims up to the value of £10,000. For this reason, it can be an effective way to access justice, when you have exhausted other routes and methods to resolve your dispute. Here’s everything you need to know about making a small claim, and why it might be useful to seek legal guidance, before starting the process.
What is the Small Claims Court?
The Small Claims Court is a ‘simplified’ court process for people or companies who believe they are owed money (of up to £10,000) by another person or company (known as the defendant). It widens access to justice by allowing people to enter the ‘court’ process, without legal representation, but that doesn’t negate the fact that legal advice can be useful for those looking to make a small claim.
Exhausting other options
The court and in particular, the rules around legal practice, state that court action should not be your first attempt in trying to diffuse your dispute with the defending party. Going to court should be a last resort, and as such you should try to negotiate and communicate with the other party before going to court.
You may need to evidence that you’ve made attempts to resolve the dispute outside of court, and so should make your claim in writing to the defending party. Our team can assist with what you should include in the letter, but you should clearly outline your claim, when you want a response by, and a warning that you will take court action if they fail to reply.
The process
The first stage of the process is to complete the N1 form, which can be done on paper or online, which is then submitted to the court. On the form you will be asked to specify the amount you are claiming for, as well as brief details of the circumstances surrounding the claim. The defendant will then have their chance to confirm receipt and respond within 28 days.
A series of court-led communications then take place, and if both parties are still in disagreement, a hearing will take place. If both parties agree that a hearing isn’t necessary, the court can decide the claim without one, based on the information already provided.
If a hearing goes ahead, both parties will present evidence and the court will decide the claim based on information provided and heard.
Seeking legal advice
Whilst you won’t be entitled to recover your legal costs if you win – except for in exceptional circumstances – investing in the right advice can help to improve your chances of success. Whatever stage of the process you’re at, whether it’s for support in negotiation with the defendant, or before taking your claim to the Small Claims Court, an experienced litigator has the right expertise to assist. They can advise you about the merits of your claim or defence and provide you with guidance about each step of the process.
Just because making a small claim is meant to be an informal court process, doesn’t mean it is straightforward. Prosperity’s expert solicitors can work to an agreed budget or fixed fee to provide you with advice that gives you peace of mind, reduced stress, and a better chance of success. Or, if you find yourself in a situation where you’re being taken to court, we can help you with your defence.
For an initial friendly and free discussion, please contact our legal Dispute Resolution team who are based in the Head Office at Manchester. The team is headed by Paul Magee senior solicitor who can be contacted on paul.magee@prosperitylaw.com or on 07821508731.
Glossary
The Small Claims Court – A ‘simplified’ court process for people or companies who believe they are owed money (of up to £10,000) by another person or company.
Claimant – The person raising the claim with the court.
Defendant – The party against whom the Claimant is in dispute with.
N1 Form – The form to be submitted to the court to raise the claim.
