The small claims track is the updated version of the now non-existent small claims court.
The small claims track deals with disagreements between two parties where a claim for money is £10,000 or below. Providing the case isn’t complicated – if the complexity of the case is higher, then the court may give it a full hearing or allocate it to a different track.
All small claims are within civil law – meaning they do not include any dealings with the criminal law, family law or insolvency. They are purely between 2 disputing parties where one is claiming money from the other. this could include a business is owed money by a client. Or a service has been paid for, but the service was not been received. They can also be between tenants and landlords – proving the claim is below £10,000.
When applying to take someone to court, you’ll be asked to complete a Directions Questionnaire. A judge will then look at your case and allocate you to either the small claims track, fast track or multi-track.
If you are allocated to fast track or multi-track you should seek professional legal representation.
The small claims track is made to be as informal as possible so that issues may be resolved easily and amongst the disputing parties themselves.
When making a small claim against your opponent consider if they as an individual or organisation have the money to pay you. if they don’t, you won’t win anything.
There will upfront charges to make your claim. For any claim this is up to £10,000, there will be a maximum charge of £455. There is also a trial fee that will be valued according to your claim value. However, if you’re on low-income household you may be exempt from paying fees.
Yes, there are civil procedure rules (CPR) are rules you must follow during your case. The CPR instructs you on how to go about your case and when. Not following them could result in losing your case, or your money.
Instead of going to the small claims track you could consider mediation. A mediation session allows you are your opponent to discuss what each wants from the other and then reach an agreement.
Mediation is cheaper and allows you more flexibility in the agreement.
For more information on the Small Claims track, mediation and other legal advice speak to our team today: 0116 2999 199