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The Small Claims
System |
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The Small Claims
procedure was originally established to make it easy for the public to use the
Court Service to recover legitimate compensation without recourse to expensive
legal advisors. In practice, this system has moved away from the definition of
'Small Claims' and, as the monetary threshold has progressively risen over the
years, it has encompassed an increasing percentage of legal claims not
requiring substantial compensation for personal injuries.
The
parameters for a Small Claim are:
- Up to
£5,000 for claims not involving personal injuries.
- Up to
£1,000 for claims including compensation for personal injuries.
- The claim
to be adjudicated by a judge in chambers.
- Court fees
can be recovered.
- Fixed costs
only can be recovered if appropriate.
Small Claims hearings are
administrated by the Court Service at local County Courts.
Please note
that the jurisdiction of the Small Claims Court is in England and Wales. In
Scotland the procedure is administrated by the Sheriff's Court and enforcement
is not possible in Northern Ireland. |
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Action Prior To
Issuing Proceedings |
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The court do require that
all avenues of settlement are explored prior to the issuing of proceedings.
This means that the other side should be given a reasonable period of time to
respond to a payment demand before a claim is filed at court.
In many
cases the other side may request extra time in order to investigate the
potential claim. A reasonable period of time is between 7 and 14 days which
should be allowed. After that, if there is no positive response, proceedings
can be issued.
In all cases full documentary evidence of the claim
should be disclosed to the other side at the earliest opportunity. Any
omissions could result in the documents being ruled "inadmissible" by the
judge. |
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The Court
procedure |
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Small Claims are not heard in open
court but by a judge in chambers. Effectively, the evidence is heard in
informal surroundings around a table and the judge will make an immediate
decision. It should be noted that there is no formal appeal procedure - you get
a full and final result on the day. However, if a decision is made in your
absence because you could not attend through no fault of your own you can apply
for the Judgment to be set aside.
Judges tend to be very patient with
lay claimants as they know that they will be both nervous and unaccustomed to
court procedures. However, there are strict rules of conduct and verbal abuse,
interruptions and unreasonable behaviour are not tolerated. |
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Making a Small
Claim |
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The Small Claims
procedure starts with the completion of a standard form. This details the
substance of the claim and who the Claimant and Defendant are. On completion
the form is returned to the Court office with the Court Fee.
A summons
will then be sent out by post to the Defendant who has the option to:
- Admit the
claim and pay you in full
- Admit part
of the claim and pay you in part
- Admit the
claim (or part of) and request to pay you in installments
- Dispute the
claim in its entirety
If the claim or part of the
claim is disputed the matter will be set down for a Court hearing. |
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How we can help
you |
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Claim Link can advise you
in respect of your Small Claims problem, complete your Court documents and
liaise with the Court.
Please do not forget that if proceedings are
issued you will need to pay the Court fees in advance and our registration fee
for the filing of the appropriate form at the Court - these are recoverable on
a successful conclusion. Please see Court Fees &
Costs for the scale of fees.
For more information in respect of the
Small Claims Court please visit our website at:
http://www.small-claims-court-support.co.uk
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Your next move
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Initially please complete the
appropriate submit form and send it to us. We will then advise you in respect
of your claim and initiate procedures as appropriate on your behalf.
If you - because of your particular
circumstances - require a solicitor, we will compile the appropriate brief for
the legal process to be commenced. If the Small Claims Court is the most
appropriate route we will arrange for your claim (summons) to be issued and
provide an effective process for the recovery of your compensation. If you have
any questions our telephone number is on the contact page - just ask! |
