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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:

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It is designed for non-complicated claims of less than £5,000
(or £1,000 in personal injury cases)

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There will be an informal hearing before a judge
The usual rules of evidence do not apply, you will not be under oath and limited time is allowed (usually not more than a day)

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A solicitor is not required
Although you can have one if you wish. But you will have to pay his fees yourself, even if you win

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.

What does it cost?

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Court fees — issue fee between £30 and £120

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If your claim is over £1500, fee for allocation to track of £100

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Fees for experts

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Fee for solicitor or other representative

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):

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Court fees paid by you

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Up to £50 per day for you and each witness for loss of earnings

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Travelling and overnight expenses

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Expert's fees (up to a maximum of £200)

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You may recover some costs for your legal adviser, although these are limited

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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