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Small Claims Track

This track is generally for claims of £5000 or less. The parties are usually expected to be without legal representation as it is a less formal procedure. However, if the case is complex, the judge can refer it to a different track.

Before filing for such a claim, there must have been some evidence of trying to settle the matter, if not the court may penalise you. You should have made your claim in writing, while giving a reasonable amount of time to get a reply. There must also be a warning of court action if the defendant does not comply.

To start a claim you will need to file a claim form. This will include details of both the claimant and defendant as well as how much is being claimed. Particulars of claim will also have to be given, these can be sent separately to the defendant but must be sent within 14 days of sending the claim form. The Court usually serves the defendant by post, although this can be done in person by you.

Where the defendant accepts the claim, the court will not allocate the case, and if paying immediately monies go to the claimant directly. Where a claimant does not accept the defendant’s offer, they must give reasons and the Court will decide what is reasonable in the circumstances.

If the defendant decides to defend the claim, they must respond within 14 days of the date of service, which is two days after posting. An acknowledgement of service can be sent to the Court and then the defendant has 28 days to file a defence. The court then sends an allocation questionnaire to both parties.

The Court will not always set a trial date if the judge decides that the matter can be dealt with in a preliminary hearing.

The trial/ hearing is usually held in public but may be in private were both parties are in agreement. These hearings are informal and strict rules of evidence do not apply. The judge will give judgment at the end of the hearing stating the reasons for the judgment.

A successful claimant will be able to recover the Court fees as well as some expenses. However, it is unlikely that a claimant will be able to recover any solicitor or professional fees incurred.

An appeal can only be made where there has been a mistake in the law or a serious irregularity in proceedings.