What Qualifies a Small Claim?
A small claim is a claim which is under £10,000.
Will my case be heard in front of the small claims court?
Prior to April 2009 all small claims were held in front of the small claims court. However since this date Civil Procedure rules which have come into place have changed the way procedures in relation to the administration of the justice system in the UK. This is specifically in relation to the county court system.
So what kind of court will hear my case?
How your case will be heard depends upon the monetary value of the claim. For example if your claim is for a sum which is less than £5,000 then your claim will be allocated for arbitration in front of a district judge.
If your case is involving a sum which is for more than £5,000 then your case will be held in an open court. It is, therefore usual for your case to be heard in front of a judge with more seniority than a district judge.
How do I bring about a claim in the first place?
In order to initiate your claim you will be required to complete a form called an N1 form. This form must be included within the statement of your case.
Where can I obtain this N1 form?
You will be able to obtain the N1 form from the official website for HM Court Services. HM Court Services is the Government Department which runs the administration of the court system in England and Wales.
Where must I send this form?
You must send the form and the statement of your case to the specific court which will be hearing your case.
In practice before submitting a claim you should seek the advice of a solicitor or the Citizens Advice Bureau. All details in relation to the completion of the form and the statement of the case will be provided by either the solicitor of the Citizens Advice Bureau.
What will happen once I have provided the form and submitted the statement of my case?
For more information on:
- What happens once the defendant has received the details of the claim?
- Will I be able to see the defence documentation?
- Allocation Questionnaire
- Fast Track or the Small Claims Track
- How long will it take my case to get to court?