Small Claims Court
This is not actually a separate court, but rather a procedure for
dealing with certain smaller claims in the county court. It is officially
called the "small claims track". Its main features are:
Procedure

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You obtain a form N1 from the county court.
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You fill it in, make copies (for the court and for each defendant)
and take it back to the court. It will be issued (sent to
the defendant). You will be required to pay the issue fee
(which will vary, depending on the size of your claim, between
£30 and £120).
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If the defendant doesn't reply within 14 days, or if he admits
your claim, you will get judgment in your favour.
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If the defendant disputes your claim you will receive a copy
of his defence together with a court form for you to fill
in. On the basis of this form the judge will allocate the
case to the small claims track if he thinks it appropriate.
There are some rules that can have an adverse effect upon
your position if you have issued proceedings and later look
to abandon your claim.
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You will receive a form telling you when the hearing will
be, how much time is allowed for it and what you need to do,
e.g. send copies of all documents to the court and to the
defendant. You will now pay another fee (£80). (In some
cases the judge may decide that no hearing is necessary and
will make his decision from the paperwork, but mostly there
will be a hearing.)
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You attend the hearing and put your case (and the defendant
puts his). You can have someone to speak for you, e.g. a solicitor
or lay-person, but you will have to pay their fee yourself.
You may have witnesses or experts speak only if the judge
has agreed.
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At the end of the hearing the judge will make his decision.
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You can only appeal if the judge gives his permission.
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What does it cost?
What do you get if you win?
Whatever award the judge thinks appropriate, plus some or all of
the following (at the judge's discretion):
Quite often, whether you win or lose, you will not get back any
fees paid to a solicitor or other representative.
Note: Prices are correct at time of last review. Up-to-date
information on fees, together with helpful guidance notes can be
found on the court
service website.
Article first published June 2003
Last reviewed May 2005
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