This article was last updated 0 months ago and may not represent current law.
The small claims court is a good place to settle minor financial grievances without enlisting expensive legal teams. But what happens in a small claims court? We’re here to tell you the how’s, why’s and what’s.
What are the most common types of small claims?
The typical claims allocated to the small claims process include:- Compensation for faulty services or goods
- Disputes between landlords and tenants
- Wages or money owed
- Road traffic accidents
- Goods not supplied
- Property damage
What to do if someone refuses to pay you?
If you’ve sent constant payment reminders, and have firm contracts in place for work and payments owed, then you can consider taking your claim to the small claims court. You can consider contacting a local reputable business lawyer to send a letter regarding your unpaid invoices to see if your claim can be resolved that way.How do I make a claim?
If you’re going down the route of small claims court, the first place to start is the Citizens Advice for details of your local court. If your case is against no more than two defendants, you can make a small claims court online using the court’s digital service known as Money Claim Online. It’s worth noting that you should have tried mediation where applicable, or any other means of reaching a resolution before submitting a small claims court claim. If you do not try to settle first, the court could penalise you. There is also now a mediation stage after the claim has started. Under a pilot scheme running until 6 April 2027, if a small claim for a fixed sum of money issued on or after 22 May 2024 is defended, the court refers both sides to a free telephone mediation appointment of up to an hour, which you are required to attend, and a judge can penalise a party who doesn’t.Your claim needs to have the following information:
- The name and address of the person/company you’re claiming against
- The amount you’re claiming and the reason why
- Whether interest is applicable
- If it’s a personal injury claim - an official medical report
What qualifies as a small claim?
A small claim constitutes a claim of an amount under £10,000. However, not all cases are seen in court. An example of this is if a judge deems a case too complex to be handled in a period of a day. A small claim must be started in a limitation period of six years since the event.How much does it cost to take someone to a small claims court?
Small claims court requires an upfront fee, and if you win your claim the court will normally order the other side to pay it back to you. If, however, you lose your claim, you won’t be refunded, and you will be liable for other fees. The fees vary depending on the amount of the claim. There is an issue fee of between £35 and £455 to start the claim and, if the case goes to a hearing, a hearing fee of between £27 and £346. There is no longer a separate allocation fee.How long does small claims court take?
This one is a bit of a “how long is a piece of string” question. A small claim can take as little as 6 weeks if it is undefended. However, some claims can take up to 6 months if your claim is disputed and a hearing is required.The judge will give their decision at the end of the hearing and briefly explain the reasons. If your case is decided without a hearing or one side doesn’t attend, the court will send a copy of the judge’s reasons to each side.
Written by Steven Mather, a business solicitor acting on company sales and purchases. This is general information about the law, not legal advice on your situation. Law correct as at .
