Articles on Legal Issues

Small Claims in the County Court

Claims upto £5,000

Personal Injury claims upto £1,000

Tenant’s repairs claims against Landlord upto £1,000

Costs recoverable from the loser are limited to:

• The court fee for issue of claim form
• Any “Allocation fee” paid to the court
• Solicitor’s costs of drafting the claim form of £50 to £80
• Expert’s report fee of maximum £200 for each expert
• Travel expenses to court of any witness including a party and accommodation costs where necessary
• Loss of earnings due to attending court of any witness or party maximum £50 per day per witness/party

Note:  If the case is lost the costs, which would normally be ordered to be paid by the loser, are of course limited in the same way.  

Evidence The rules of evidence are more flexible. Written evidence may be allowed. Therefore get all advice/criticism of the work done and estimates/quotes for remedial work in writing so it can be produced at small claims hearing if necessary. Witness Statements must be prepared signed by the witness (with a “Statement of Truth”), dated and a copy sent to your opponent and the original filed at court at least 14 days before the hearing. The heading to the statement should be taken from the Claim form or Defence and the Case number filled in.

This is an example:

IN THE BLACKPOOL COUNTY COURT      
CASE NUMBER BC 123456 BETWEEN:
JOE BLOGGS   CLAIMANT And FREDERICK JONES

DEFENDANT WITNESS STATEMENT [The statement should be written, preferably typewritten, in short numbered paragraphs. It should end with a Statement of Truth “I believe that the facts contained in this statement are true”, signed and dated]  

DOCUMENTS Any documents you intend to rely upon, as evidence at the hearing must be photocopied twice, and a set sent to your opponent and another set to the court making sure you quote the Case number. This must be done at least 14 days before the hearing.

SUGGESTED EXAMPLE LETTER BEFORE ACTION [Only for use if you are the Claimant] (This is only appropriate to a case of faulty goods in certain circumstances. Do NOT use this letter without our advice) “The goods are not fit for their purpose or of reasonable quality contrary to section 14 Sale of Goods Act 1979. I/we repudiate the contract and require a refund of the purchase price and/or damages within 7 days. The goods of course are yours and may be collected from me/us by prior arrangement and upon return of the purchase price. In default I/we will issue proceedings for the return of the price and/or damages plus statutory interest in the small claims court without further warning.”      

What will it cost me?
Court fees to issue the claim. These are payable to the Government.

Allocation Fee

 Our costs. In some cases we sit in the background, draft documents witness statements and advise on procedure. You attend the court to explain the case to the District Judge.

Typical charges are–

Each letter £17
Each telephone call  £17
Average interview  £85
Draft Claim form or statement  £85 Plus VAT.@17.5%.      

We never guarantee success in the small claims court. If you lose you will have to pay the other side their travel expenses and overnight accommodation if necessary and loss of earnings (limited to £50 per day) on attending court, expert’s fees limited to £200 and any court fees your opponent has paid. Rarely will a court order you to pay your opponent’s legal costs (except as specified at the beginning of this note) unless the court finds you have acted unreasonably. N.B. Solicitor’s costs limited to £260 may be recovered if an application is made in the small claims court for an injunction.

Do I have to attend the final hearing?
If possible, yes. Your opponent is entitled to ask you questions about your evidence. However, provided you notify the court at least 7 days before the hearing that you do not propose to attend and ask the court to deal with the case on the basis of the filed statements and evidence, the Judge will deal with it in that way.But the Judge may not attach as much weight to your statements because you are not there to be questioned.

This is not comprehensive advice, but is intended as general guidance. If in doubt seek our advice, or ring the County Court on matters of procedure

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FY1 3PG

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No Win - No Fee
what you need to know

Small Claims in the County Court
a "how to" guide

Residential Short Hold Tenancies
FAQ for Landlords

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