Small claims court help and guide

The defendant may make a defence against some or all of your claim.

You will be sent a copy of their defence on N9B. You will also be sent an Allocation Questionnaire (N149/N150/N151) together with a notice stating the date for return of the Allocation form. The name and address to which the form should be returned may be different from the one that issued it.

Allocation

The Allocation Questionnaire (Form N149 or N150) is sent to all parties.

The court uses the responses to decide which track the case will be allocated to, and where the case will be heard.

Important Transfer Rules:

• If the defendant is a private individual, the case will be automatically transferred to their home court
• In the case of multiple defendants, transfer is to the home court of the first defendant to lodge their defence

Witnesses & Experts

If you intend to use a witness to support your case, or wish to call on an expert's opinion, you should provide details on this form.

Additional Fees

For claims over £1,500 the claimant has to pay a fee to proceed with the case.

Directions

Once all the Allocation forms have been received by the court, or the time for them to be returned has expired, the court will issue directions to the parties.

Default Standard Directions:

• Copies of all documents (including expert's reports) should be sent to the other parties and the court before a specified date (14 days before the hearing)
• Original documents to be brought to the hearing
• The date of the hearing
• The time allocated for the hearing

Alternative Standard Directions for:

• Road accidents
• Building, vehicle repairs and similar contractual disputes

• Landlord/Tenant disputes over damage/return of deposits
• Wedding & Holiday claims

Preliminary Hearing

The court may decide to hold a preliminary hearing.

Reasons for Preliminary Hearing:

• The judge wishes to issue 'special directions' and explain these to the parties in person
• Based on statements received, the judge feels there is no point in proceeding to a hearing

Outcomes: The preliminary hearing may result in the case being settled, struck out, or the judge will issue directions for a full hearing.

Paper Adjudication

The court may suggest that the claim be decided solely on the documents provided rather than at a hearing.

If this happens, the court will send the parties Form N159 - Notice of allocation to the small claims track (no hearing).

Either party can object to this. If one party does object, the case will go to a hearing.

Expert Opinion

• The court will decide whether the evidence of an expert will be allowed
• The court will decide whether evidence will be in the form of a report or given orally
• The expert is under a duty to help the court - this duty overrides their obligation to the person that instructed them
• The court will try wherever possible to rely on the opinion of a single expert

Preparing for the Hearing

Critical Requirements

You need to make sure that you have complied with all the directions the court has given you. Any documents not sent within the required timeframe may not be allowed to be used at the hearing.

Documents

Copies of documents must be sent to both the court and the other party within the specified timeframe. Keep original versions - only send out copies.

Witnesses

If bringing a witness, ensure they know the date and time. Arrange to meet them before the hearing at the court.

See also: Court Leaflet EX342 - Coming to a Court Hearing? and EX341 - I have been asked to be a witness

The Hearing

The hearing is an informal process. The judge will decide on how the hearing will be conducted.

Judge's Powers

The judge can limit the amount of time that each party has to present their case and to question witnesses or each other.

Public Hearing

The 'small claims' hearing is a 'public' hearing. It is open to members of the public to attend. A case will usually be heard in the judge's room but can be heard in a court room.

Lay Representative

If you are not using a Solicitor, you can still get someone else to speak on your behalf. This person is known as a 'lay representative'. It is preferable that the 'lay representative' isn't also a witness.

Court Costs

The winning party can claim some costs. The amount of these costs is strictly limited.

The winning party can claim:

• Any court fees paid
• Money to compensate for loss of earnings for themselves and any witnesses, up to a maximum of £50 per day
• Travelling and overnight expenses for themselves and any witnesses
• The cost of an expert's fees, up to a maximum of £200

Claims over £5,000: If the claim was for more than £5,000 and allocated to the 'small claims track', then the winning party can claim additional costs over and above those allowed by the 'small claims track'. However these costs cannot be more than is allowed on the 'fast track'.

After the Hearing

After the hearing you will be sent an order or judgment. This will set out the judge's decision.

If either party gave notice that they would not be attending, you will also receive brief reasons for the judge's decision.

Appeals

Limited Appeal Rights

You can appeal against the decision only in limited circumstances. You would need to be able to show some serious irregularity had occurred or that the court made a mistake of law.

You cannot appeal simply because you think that the judge made the wrong decision on fact.

⏰ You only have 14 days from the date you receive the order to start an appeal.

Defended Actions