Subject to certain exception, claims with a value of less than £10,000.00 are classified as small claims. This does not mean such claims are dealt with in a different court to other County Courts or with a different kind of Judge.The 2 most important implications of a claim being a small claim are :-
No costs rule
There is a general rule that whoever wins or loses, neither party will recover significant legal costs over and above court fees and very limited legal costs. As costs can become a big factor with non-small claims matters if a case proceeds, the idea is that there is a level playing field and a bigger, wealthier party to a dispute should not be able to bully a less wealthy opponent in a small claims matter.
Streamlined process and a more interventionist approach by the District Judge – do not however make the mistake of thinking the Court Rules don’t apply or the law or that ignorance of either law or process will be tolerated or work.
With small claims cases, it can make sense to get limited legal help with drafting a claim, defence, witness statement or advice on the law or evidence on a limited basis.
Contact us if you would like some help – we can offer some creative, fixed fee advice with small claims matters.
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