Small claims track

The small claims track considers cases to the value of ten thousand pounds. Legal representation is not essential.

Civil cases are allocated to one of three case management tracks. How they are allocated depends on;

  • the financial value of the case;
  • issues of law involved in the case;
  • and the estimated length of the case.

The three case management tracks are;

The small claims track, considers low-value cases, including most non-personal injury cases up to £10,000. In the case of a personal injury claim, it will be allocated to the small claims track only if the value of the claim for the personal injuries do not exceed more than £1,000. This is only a guideline for the courts to use, cases involving larger amounts of money but not considered complex may still be allocated to the small claims track. Similarly the court may decide to allocate a more complex case, involving a sum of money less than £10,000, to a different track.

The court will expect the claimant and defendant to have tried to settle the matter before coming to court and the claimant is expected to have notified the defendant in writing of his intention to take the matter to court if it is not resolved by a certain date.

To commence the claim a claim form will be completed setting out how much is owed. Particulars of claim must also be provided and sent to the defendant. The defendant can defend the claim and if he does he must respond within 14 days of the date of the service of the particulars of claim and must then file his defence within 28 days. Questionnaires will be sent out by the court to both parties and a date for the hearing will be set. The hearing itself is informal and the judge will give judgment at the end of the hearing. If successful the claimant can recover the Court fees and some expenses. The claimant does not have to have legal representation if the small claims track is used, therefore it is unlikely that the judge will award expenses for a solicitor if a defendant chooses to use one.

Part 27 - The Small Claims Track

MoJ decides against increase in small claims track limit | News | 

A Guide to Bringing and Defending a Small Claim (PDF ... - Judiciary)

The Civil Courts and other forms of dispute resolution - arcade games quiz

 

Related Items

The items below list this as being related in some way.

Amazon's recommended Books

RSS Feeds