Taking a legal matter to the small claims court
Small claims courts have jurisdiction to handle cases between private litigants. As of last year, small claims courts in the UK were allowed to handle disputes that involved claims of up to £5,000.
Taking someone to small claim courts in the UK is actually remarkably easy; one should not be put off by the prospect of having to do it. This guide has been written to make things a little clearer for those of you who have never done it before and think they might need to.
Collect your evidence
The first step is to collect all the evidence available to prove the other party owes you money. This can be anything from cancelled cheques to photographs of your damaged property. You’re going to need as much ammunition as possible.
If there were witnesses present during the alleged offense, you might want to get statements from them early on, to save you the trouble and time it would take later on.
Don’t hold your breath
The small claims track can take quite a while; after all, the wheels of justice do turn slowly. A lot of people expect speedy reimbursement and become quite disillusioned after it doesn’t happen fast enough.
You need to be prepared to play the long game. Some cases can even take up to six months to be resolved.
It’s going to cost you
…But hopefully not too much. It definitely costs less than the big courts. The reason it costs less is because you’re putting the case together yourself, so this avoids extra costs of getting court representation from a barrister or a solicitor.
However, fees are still necessary. These differ according to the size of your claim, where you are situated in the UK, as well as how successful your attempt is.
The most you’d ever have to pay is just under £500; however, the defendant can pay this cost, should your case be successful.
Do your best to solve the problem before taking it to court
The court will expect you to have tried your utmost to settle the dispute out of court. This is very important; you could incur penalties if it is revealed that you could have reasonably ended the dispute before wasting the court’s time.
First of all, make a formal complaint if you haven’t done so already. Contact some kind of ombudsman or other formal body for advice, if it is applicable (for instance, the property ombudsman if your complaint is related to property). When all negotiations have failed, you must then notify the defendant that he has two weeks to resolve things, failing which you will be taking the case to court.
If all of this doesn’t work out, you’ve got a solid reason to go to the small claims court. Apply online and submit your complaint afterwards.
Other things to consider
Prior to taking things to court, and if you are claiming against a company, take a look at their formal complaints procedure. Make sure you follow them and explore all these options before charging into court.
Also, you might want to consider if the whole exercise is worth it. If the defendant cannot afford to reimburse you, you might just want to let it go.
Despite the fact you can make your own case in court, you should also consider getting legal advice. Compare solicitors online at a site like Compare Legal Costs to see their expertise.