Expert Q&A: Making small claims
Q What is a ‘small claim’?
Your case will usually be considered a ‘small claim’ if it is worth £10,000 or less, although if you are making a claim for personal injury (following an accident) or if you are a tenant claiming against a landlord for repairs, the small claims limit is capped at the much lower figure of £1,000.
A small claim can take many forms. The most common types of claim are for compensation where goods or services that have been provided to the consumer are faulty and, conversely, claims against a consumer for non-payment of invoices. An example of such a case might be where you have not paid your builder because they have not completed work to your satisfaction. In this situation either party might bring a small claim – the builder for non-payment of his bill, and the client for the unsatisfactory work.
Q Can I go to straight
court when I have a claim?
You should always try and settle your grievance with the other party before taking court action. The best course of action if you have an issue with goods or services that have been provided to you is to write to the supplier in the first instance, setting out your problem and giving them a reasonable time to reply. Your letter should end by stating that you will take court action if they fail to respond within this time.
If you haven’t already explored it as an option, the court may also suggest mediation – where a third party tries to help both sides come to an agreement prior to the court hearing.
I’m ready to make
a claim. What do I do now?
You need to download and fill in a claim form N1, which you can get from Her Majesty’s Courts and Tribunal Service, at https://hmctsformfinder. justice.gov.uk/HMCTS/Get Form.do?court_forms_id=338
On the form, you will be required to fill in the full name and address of both you and the person you are claiming against (the defendant) and your ‘particulars of claim’ – in other words, you need to explain what you are claiming and why. You should also include any documents that evidence your claim, for example if there is an agreement for the goods or services that you believe has been breached in some way.
You must send three copies of the claim form to the court together with the court fee. The amount of your fee is calculated on a sliding scale and will depend how much your claim is for. The smallest fee is £35 (for claims less than £300) and the largest is £455 (for claims in excess of £5,000). If you are claiming benefits or have limited income, these fees can be waived or reduced, by way of a ‘fee remission’.
Once the court receives your claim, they will ‘serve’ it on the defendant. They do this by sending it out to them by first class post, at the address given by you on the claim form. The defendant is assumed, or ‘deemed’, to have received it two working days after posting.
Q So I’ve made my claim. What happens next?
It can go one of two ways:
If the defendant accepts that they owe the money claimed, they can either pay you immediately, or they can make suggestions for payment by instalments or on an agreed date. The court will decide on reasonable payment terms, and will send both parties an order for payment.
Alternatively, if the defendant does not agree with your claim, they can file a defence within 28 days, together with any claim they might have against you (‘counterclaim’). The court will then send a questionnaire to both parties to fill out, called a ‘directions questionnaire’. Based on your replies, the court will send a ‘notice of allocation’ to you, telling you what you will have to do to prepare for the court hearing.
Q Do I need a lawyer with me at the hearing?
No, you won’t – hearings in the small claims court are informal and you can represent yourself. The judge will lead the hearing and they will decide who to ask questions of and how much time to give to each party to answer them.
Once the hearing is over, the judge will give judgment and explain their reasons for it. If you win your case, you will also get your court fee back.
Q Can I appeal if I don’t like the judge’s decision?
Yes, but only on limited grounds. These are: if there was a serious irregularity in the proceedings; or if the court made a mistake in law or as to the facts of the case. In these circumstances you have 21 days from the date of the decision to request permission to appeal.
You can find out more about how to make a small claim on the government website, justice.gov.uk.