Small Claims Track

If you make a claim through the courts, it will be assigned to one of four tracks, depending on its value and complexity. Claims valued at less than £10,000 will generally be assigned to the small claims track. Our experienced small claims solicitors can advise you on the process and ensure that your case is as strong as possible, giving you the best chance of success.

We can also take steps to try and resolve matters out of court, including writing formally to the other party, setting out your position, and negotiating on your behalf where appropriate. Dealing with matters without the need for litigation is generally faster and more cost-effective, and we can advise you on the best course of action for your situation.

Get in touch with our small claims solicitors

To speak to our small claim solicitors in West Sussex and Hampshire, give us a call at one of our local branches in Chichester, Fareham, Havant or Petworth. Alternatively, please fill in our online enquiry form for a quick response.

What is a small claims track?

The small claims track is a court process designed for lower-value legal action. The procedure is simpler than for larger cases, with the aim of resolving the dispute promptly and with minimal legal fees.

The case will not usually involve substantial amounts of evidence, complex legal arguments, or numerous witnesses, and any court hearings are informal.

The judge has the discretion to order the other party to remedy matters, for example, replacing an item, as well as to award compensation. If you are successful, you could also be awarded fixed legal costs in small claims track cases.

How do I take someone to the small claims court?

Before you start the small claims track process, you should attempt to resolve matters out of court. You can write to the other party, setting out your position and telling them what you would like them to do. If they do not respond or remedy matters, you should send them a formal letter before action.

This is a letter advising them of the details of your case, including the reason for the claim and the amount you are claiming, your name and contact details, and giving them a deadline of at least 14 days to respond. The letter should state that if they do not remedy matters, you intend to file your claim with the court.

You should ensure you have full evidence of your claim to hand, and if the deadline passes, you can then fill in the claim form, N1, and file it with the court, together with your court fee.

The court will send the defendant notice of your claim, and they may pay you at this stage, or alternatively, they may file a defence, and the court will decide what should happen next. This could be a requirement that you both attend mediation to try and resolve matters out of court, or a court hearing.

If the case proceeds to a hearing, you will need to put your evidence together and supply copies to the other side and to the court.

How long does a small claims court case take?

The time taken to resolve small track claims can vary widely depending on whether the other side admits responsibility and pays, or whether a full hearing process is needed. If the case proceeds to a final hearing, it is likely to take several months to obtain an order.

Which types of legal claims are typically not allowed in the small claims track?

Certain cases are not permitted in the small claims court, including:

• Claims for more than £10,000 in damages, including interest and costs.
• Claims of harassment or unlawful eviction from a residential property.
• Housing disrepair claims that exceed £1,000.
• Land possession claims, unless both parties agree to use the small claims track.
• Claims for an injunction.
• Some personal injury claims, depending on value and severity.

If your claim is for between £10,000 and £25,000, it may be suitable for the fast track.

What is the general procedure for starting a case in the small claims track?

You can file your claim online using the government’s website, or complete form N1 and post it to the court. When you submit your online form or post a paper version, you will also need to pay the filing fee.

Do you need a solicitor or lawyer to represent you in the small claims track?

The small claims track process is designed to be relatively straightforward so that claimants can represent themselves if they wish. Using small claims court solicitors will ensure that your case is robust and that you submit the right evidence to prove your case.

If you ask our small claim solicitors to represent you, we can also explore other options. We are often able to resolve legal disputes out of court, which is usually quicker and cheaper. A formal solicitor’s letter can be effective in persuading a defendant to settle.

How does the small claims track differ from the fast track and multi-track?

Fast track cases are for claims valued at between £10,000 and £25,000. They tend to be more complicated than small claims, with a higher volume of evidence, more formalities and stricter deadlines. The losing party in a fast track case is usually required to pay the winner’s fixed recoverable costs.

Multi-track cases are complex claims valued at in excess of £100,000. Some lower-value cases may be assigned to the multi-track if they are complicated. The court will generally hold case management conferences to decide on the timescales for matters such as disclosure of evidence and exchange of witness statements. If multi-track cases proceed to full final hearings, they are likely to take in excess of a year to resolve, often much longer. The loser will usually be ordered to pay the winner’s costs, to be assessed by the court if not agreed.

What happens if a claim is initially in the small claims track but becomes too complex?

A case can be transferred to a different track by the judge if it becomes too complex for the small claims track.

How to present evidence in small claims court

You will need to put all relevant documents, such as receipts, photos, contracts, and witness statements, into a trial bundle. This is a paginated bundle of documents in chronological order with a cover sheet setting out the case name and number, and an index. The other party and the court will both need a full copy by any deadline that has been set.

If you will be calling witnesses, they will also need a copy of the relevant evidence.

Can you appeal a judgment made in the small claims track?

There are limited grounds for appealing a small claims court judgment, mainly where a legal or procedural error has been made by the court. The timescale for lodging an appeal is tight, usually just 21 days from the date of the judgment.

If new evidence that is crucial to the case is uncovered, you will generally need the permission of the court to appeal.

What are the filing fees or court costs associated with starting a claim in the small claims track?

The court fee for filing a small claim depends on the amount you are claiming, and is as follows:

Why choose Glanvilles for help with small claims?

At Glanvilles, our solicitors for small claims court can guide you through the process, ensuring no procedural errors are made, collating the right evidence in support of your case, and representing you at the hearing.

We have a strong track record of success in dealing with a wide variety of claims, from small claims to more complex cases, and we will ensure you have the advice and guidance you need.

As a firm, we guarantee that your time with us will be professional and instructive. We hold the Law Society’s Lexcel accreditation in recognition of our high standards of client care, and can assure you of our total commitment.

Get in touch with our small claims solicitors solicitors

To speak to our small claims court solicitors in West Sussex and Hampshire, give us a call at one of our local branches in Chichester, Fareham, Havant or Petworth. Alternatively, please fill in our online enquiry form for a quick response.