Is there anything to consider before making a small claim?

What to consider:

1. Is Your Claim Suitable for Small Claims Court?

• Claim value: Small claims usually handle disputes up to £10,000 in England and Wales (limits vary slightly in Scotland and Northern Ireland).

• Type of dispute: Typically for straightforward issues like unpaid debts, faulty goods or services, minor property damage, or rent disputes.

• Complexity: If the case is complex or involves multiple parties, small claims might not be the right route.

2. Have You Tried to Resolve the Issue Informally?

• It’s advisable to try resolving the issue directly with the other party before going to court.

• Use written communication, keep a record of your attempts (emails, letters).

• Sometimes mediation or alternative dispute resolution (ADR) can solve the problem without court involvement.

3. Do You Have Evidence to Support Your Claim?

• Collect all relevant documents: contracts, receipts, emails, photos, witness statements.

• Evidence must be clear and well-organized to help the judge understand your case quickly.

4. Are You Aware of the Costs Involved?

• There are court fees for making a claim, which vary depending on the claim amount.

• If you win, the other party might pay your costs, but this isn’t guaranteed.

• Consider the financial impact if you lose (court fees, potential legal costs).

5. Do You Understand the Process and Time frame?

• Small claims are usually quicker than higher courts, but can still take a few months.

• Be prepared to attend a hearing, either in person or sometimes via video.

• Familiarize yourself with the procedure on the UK Government website.

6. Is the Defendant Located in the UK?

• The court needs jurisdiction over the defendant.

• If the person or business is overseas, small claims might not be the best way to proceed.

7. Are You Prepared to Represent Yourself?

• Small claims courts are designed for individuals to represent themselves without lawyers.

• If the case is complex, you might want legal advice, but it’s often not necessary.