Your guide to making a small claim
Download a copy of this small claims guide
The county court deals with many types of claims, including:
- faulty goods
- goods not matching their description
- poor workmanship
- damage to property
- trespass
- professional disputes
- personal injury
When a claim's value is below £5,000 or £1,000 for personal injury, it's called a 'small claim'. Small claims have a dedicated procedure at the county court, enabling people to bring the claim themselves, and often without the need of incurring legal fees (though you'll have to pay some court fees).
However, we'd always advise that if you've a claim for trespass, professional negligence or personal injury, you should contact a solicitor in the first instance.
Time limits
There are time limits in which to bring your claim. If it's the result of a contract that's 'gone wrong' or poor services, it's generally six years.
The limit to bring a claim for personal injury is three years. Our Legal Helpline can tell you what the time limit is for your claim. Please call us on 03700 86 86 86 for this information.
Bringing a claim
First, you need to give your opponent a chance to settle your dispute. If they don't, then you can take the claim to court.
You can obtain a claim form from any county court or online at
www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf
You'll need to complete this form and send it to the county court with the appropriate fee. Details of up-to-date fees can be found www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_0610.pdf. It's cheaper to bring your claim online.
Once you've done this, the county court will send it to the defendant, who'll have 14 days in which to enter a defence. If they send the county court an Acknowledgement of Service, this time is extended. If the defendant doesn't respond in the time given you may ask the county court to enter judgment in your favour.
If the defendant does respond, the county court will send you and the defendant an Allocation Questionnaire. This must be completed and returned to the county court by the date on the front. This document gives the court more details about the claim, whether there are any witnesses or experts, and availability of the parties so the court can arrange a trial.
Preparing your case
It's very important to prepare your case carefully. This is your opportunity to show the judge why you think you should succeed. You should:
- write a list, in time order, of all the main events which happened in the matter
- get good photographs of any damage/poor workmanship/injury
- take with you copies of any relevant letters, invoices or estimates
- make notes about what you want to say
The hearing
The hearing – or trial – is public and anyone can attend. They're designed to be more informal than other types of hearing, but a degree of respect and courtesy should still be shown to the court and the judge.
Often a hearing takes place in a judge's chambers rather than a formal courtroom. Chambers is the judge's office, which has the judge's desk and a separate table for the people involved in the hearing. This is often set out like a boardroom to allow all parties to sit facing each other, with the judge at one end of the table.
The judge has the discretion to deal with the matter in any way they deem fair and reasonable. In most cases, however, the judge first asks the person bringing the claim the circumstances of the issue and what they hope to achieve by bringing the claim. The judge may ask further questions following your reply.
The judge would then usually ask questions of the defendant. You may then be asked further questions once the defendant has spoken.
It's important that you don't interrupt the defendant, or indeed the judge, no matter how strongly you may disagree with what's being said.
At the end, the judge will give judgment and reasons for the decision. The county court will send a copy of the judgment to you and the defendant after the hearing.
If you win, you can ask the judge for an order for the defendant to pay your court fees as well as the judgment sum. If you lose, you're unlikely to have your court fees paid by the defendant.
Further information
The courts' website www.hmcourts-service.gov.uk provides information on each stage of the claim and has guides to download.
If you've any other queries, please contact our Legal Helpline on 03700 86 86 86.
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All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.
