Small claims court - on the right track

By Curtis Law Solicitors

24 Jan 2014

As the head of commercial litigation, Anis Waiz has over 20 years experience in commercial and property litigation. In this article he provides a brief explanation of the small claims track (previously known as the small claims court), addressing some key questions raised and the benefits of the process that can save your business money.

At some point most businesses need to issue proceedings to recover unpaid invoices or money paid for poor goods or services. Very often solicitors are instructed to issue proceedings for relatively modest amounts, but as surprising as it may sound, wherever appropriate we often suggest clients follow the more cost effective route of issuing their own proceedings through the small claims track.

What is it and can I use it?There are three different tracks depending on the size of the claim and the small claims track is only relevant for claims that have a value of less than £10,000. Not all claims are suitable, for example if the matter is complicated and requires expert evidence. However for recovering outstanding invoices or settling straightforward disputes about the quality of goods or service, this route can be the better option.

How do I start proceedings?Before any proceedings are issued, a letter must be sent to the other party explaining the claim being made and referring to any relevant documents and terms of contract. A claim form must then be filled in and a court fee paid. It’s recommended that a solicitor reviews the potential claim and claim form to avoid any issues arising out of the proceedings.

What’s next?If a defence is served, the court will consider the case and then make an order telling the parties how to prepare for the final hearing where the court will decide the matter. At this point a client should seek advice as to whether they can apply to the court to strike out the defence if there is no reasonable ground to defend the claim.

Do I need a solicitor to act?The small claims tracks is designed so that the hearing will be informal and complicated rules of evidence do not apply. Many people prefer to be represented but it is not necessary. Where the claim is properly set out and the relevant documents are before the court, a judge can quickly assess the issues and make a decision.

The simple reason for acting without a solicitor is costs. In the small claims track, even if a party succeeds, they are limited to recovering the court fee and costs incurred for the purposes of attending the hearing. Usually they cannot recover any legal costs unless the court finds that a party has behaved unreasonably.

Therefore, in a modest claim of £2,000 where a solicitor is instructed to act and advise, the costs to the client could exceed the claim and may not be recoverable. A good commercial solicitor will point this out at the beginning and save the client considerable costs.What should I do?If you have a potential claim, it’s best to seek professional advice. Speak to a member of our commercial team who can set out the issues and potential costs, advising you on the best solution even if it means not acting for you!

Enjoyed this? Read more from Curtis Law Solicitors

Latest news

1

fulfilmentcrowd reports record-breaking performance LeeThompsonfulfilmentcrowd

fulfilmentcrowd reports record-breaking performance

20 Dec 2024

2

Record year for Grant Thornton Northern deals team The team

Record year for Grant Thornton Northern deals team

20 Dec 2024

3

New partner among family team hires as Brabners strengthens personal offer Cara Nuttall Chris Fairhurst And Hannah Saxe

New partner among family team hires as Brabners strengthens personal offer

20 Dec 2024

4

Amazing Accrington bring in almost £400k in funding to Hyndburn Clayton Boxing Club press.jpg.jpg

Amazing Accrington bring in almost £400k in funding to Hyndburn

19 Dec 2024

5

BAE Systems solar powered aircraft achieves new stratospheric success The flight

BAE Systems solar powered aircraft achieves new stratospheric success

19 Dec 2024

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Tech Connection - January Meet-Up
Nov Preston Tech Connection event banner-4.png.png
LBV Hub Networking
15 Jan 2025 - 15 Jan 2025

Preston Tech Connection - January Meet-Up

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

R.I.S.E. and Shine
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
16 Jan 2025 - 16 Jan 2025

R.I.S.E. and Shine

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

08:45 - 11:00

The Business Network Central & East Lancashire
LBV Hub Networking
16 Jan 2025 - 16 Jan 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

LBV120 Magazine Launch Event
DSC9389
Networking
17 Jan 2025

LBV120 Magazine Launch Event

Lancastrian Suite, Town Hall, Chorley, PR7 1DP

08:30 - 10:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin