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What is a small claim?
Usually, if the value of a claim is less than £10,000 and the facts of the case are not complex, then the court will allocate the case to the small claims track. If your claim has been allocated to the small claims track, generally speaking, even if you win you will only be awarded nominal costs.
How do I start a small claim?
Before making a claim you should write to the other party explaining why you believe you have a claim and what you are expecting them to do to, for example to pay money. This is called a letter before claim. This will need to comply with the appropriate pre-action protocol. Details of the pre-action protocols can be found here: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol
You should try, where possible and appropriate to negotiate a settlement. Issuing a claim should be seen as a last resort.
To start a claim you must complete a claim form. This can be obtained from the gov.uk website.
Once you have completed the claim form you should make copies of the form for:
- yourself
- the court
- each Defendant (if there is more than one)
You should then send the appropriate number of copies to the Civil National Business Centre to be sealed. The court will arrange service of the claim form on the Defendant. There is a court fee for starting the claim, which you should send to the court with the claim form. The court fee depends on the amount of money you are claiming. The precise fee can be found here: https://www.gov.uk/make-court-claim-for-money/court-fees.
In certain circumstances it is possible to make your claim online. Simply go to:
https://www.moneyclaim.gov.uk/web/mcol/welcome
What happens after I have issued a claim?
Once the claim is served on the Defendant, they may:
- ignore the claim
- file an acknowledgment of service to ask for another 14 days to respond
- admit the claim in full
- dispute the claim in full
- admit part of the claim and dispute part of the claim
If the Defendant does not respond to the claim within the set time limit, you can apply to the court for judgment against the Defendant. This is known as a default judgment. The order will provide that the Defendant pay you the full amount you have claimed and any applicable interest and costs.
If the Defendant wishes to dispute all or part of the claim, they need to file a defence with the court within the prescribed time.
If the claim is defended, both parties will be required to complete a directions questionnaire by a certain date.
You will be asked if you want to use the court’s mediation service to try to resolve the dispute. It is always worth considering mediation because it could save you time and money.
If the claim cannot be settled, a hearing will be listed. Before the hearing, the court will usually give directions. You must comply with any directions the court might give, for example supplying documents and witness statements to the court and the Defendant by a certain date. If you do not do this, you will not be able to rely upon those documents or call those witnesses to give evidence.
A small claims hearing is less formal than other types of hearings and may take place in the judge’s room rather than in a court room.
Before the hearing you will be asked to prepare a bundle for the hearing which will include the statements of case, such as the claim form and defence as well as all witness statements and the documents that each party relies upon. You must remember that you will be required to prove your claim.
Some final points to consider:
- There is always a risk in bringing a court claim that you might lose.
- Even if you win at court, you might still have problems recovering money from the Defendant, particularly if they are in financial difficulty.
- If you obtain a judgment against the Defendant and the Defendant fails to pay, you must take enforcement action, which will mean that you will incur further court fees.
- Litigation can often be stressful and time consuming and should be seen as a last resort.
This information provides general guidance only. If you require specific advice that will be tailored to your case, please speak to your legal representative.