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Tom Hayden, from Ashtons Legal, has some advice about taking cases to the small claims court




If you have a straightforward claim, with a financial value of less than £10,000, it is very likely that your claim will be allocated to the small claims track, which is also known as going to the ‘smalls claims court’.

The small claims track is one of three ‘tracks’ which the court allocates claims to; small, track or multi-track.

In this piece we are solely focusing on the small claims track and what this means for you, as a potential claimant or defendant (collectively ‘litigants’). The purpose of the small claims track is to provide a relatively inexpensive way to resolve disputes of lower values.

Tom Hayden, of Ashtons Legal
Tom Hayden, of Ashtons Legal

It is purposely designed to be straightforward so that litigants can act in person i.e., without instructing a solicitor or barrister to represent them.

The small claims track is very structured and far simpler than the other tracks. It does not include some of the sophisticated procedures which are usually more appropriate for larger and more complex claims. For instance, there is no onerous disclosure obligations, expert evidence can only be relied upon with the court’s permission and there is the option for the matter dealt with on paper, without a hearing, if the parties agree.

If a litigant is successful then there are some costs which are recoverable, these include fixed costs relating to issuing the claim, court fees, witnesses’ expenses for travel, subsistence and loss of earnings (currently) £95 per day and expert fees (if permitted by the court) of up to £750.

Ashtons Legal
Ashtons Legal

More information on the Small Claims Track is available through the Citizens Advice Bureau or at www.gov.uk.

Note, however, that if you have complaint about an organisation such as energy provider or housing association or a trader, the Ombudsman or Trading Standards may be able to help.