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.

However, you will need to start your claim, (issuing a claim) through one of the two centralised services - Money Claim Online (MCOL) based in Northampton, or the County Court Money Claims Centre (CCMC) based in Salford.

Whichever location you use you will need to complete an N1 claim form.

When completing the N1 claim form you will need to specify which County Court you wish your small claim to be actually heard in.

Claiming up to £10,000
If you are claiming money or property worth £10,000 or less you should bring your case in the Small Claims Court using what is known as the Small Claims Track. For claims under £10,000 these can be dealt with using written evidence only, without the need for an actual hearing.

Claiming up to £25,000
If your claim is for less than £25,000 you should use what is called the Fast Track. The Fast Track can also be used for claims between £25,000 - £50,000, if the facts of the case are straightforward.

Personal injury claims
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.

Housing related claims
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.

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.

If you can show in other ways that it would be unreasonable for your case to be heard in the Small Claims Court, then it may be referred to the County Court and dealt with as a County Court case.
 

Claiming costs for a small claim

Small Claims Court

 

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