Can I bring a small claim?

Small Claims Courts are part of the County Courts, there will be a County Court in your area, you should consult your phone directory.

You should bring your case in the Small Claims Court if you are claiming money or property worth £5,000 or less.

If your case involves personal injury it will only be heard in the Small Claims Court if you are claiming £1,000 or less for your injury.

Also if you are a tenant and you are claiming compensation against your landlord or seeking an order that he carry out repairs then your claim will be heard in the small claims court if it is for £1,000 or less.

The judge has the power to refer your case to the Small Claims Court if he or she thinks it is necessary, even if your claim is for more than £5,000.

They may do this if you and your opponent agree that you want the case transferred there or if the judge thinks it will be better for both of you to have the case dealt with in the Small Claims Court. This may be because neither of you have solicitors and the rules in the Small Claims Court are more suitable for people acting without solicitors.

You can ask for your case to be taken out of the Small Claims Court if you can show that it involves a difficult question of law, has complicated facts, involves fraud. Or that you and your opponent have agreed that it should not be heard in the Small Claims Court.

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