The form that starts a case and where the claimant explains what they are asking for.
A formal request (for example, for money or that something is done or stopped from happening) that starts court proceedings.
A hearing where the court decides or the parties agree (with the approval of the judge) how to deal with the case
Where a Defendant, as well as bringing a Defence, makes a claim against the Claimant.
A party who is not originally part of the proceedings e.g. because the Claimant or Defendant has added them to the proceedings; alternatively, this could be the Claimant e.g. where the Defendant has made a counterclaim against the Claimant
Where a Claimant or Defendant brings a claim against another party other than the Defendant but in the same proceedings; alternatively, where a Defendant brings a counterclaim. The Defendant will be a Part 20 Claimant and the Claimant will be a Part 20 Defendant.
A questionnaire that helps the court decide how to deal with your case and which track to allocate (assign or transfer) your case to. This used to be known as an Allocation Questionnaire. See our guide on Directions Questionnaires
someone who defends a claim
someone who brings a claim
Civil Procedure Rules (‘CPR’) – These are the rules which govern the conduct of court proceedings
The process of deciding which track the case should follow.
It is natural to be nervous or apprehensive about going to court. For most people this will be the first time and there will be the fear of the unknown. Hopefully this article will help to elevate these feelings. It is unlikely to get rid of them completely. If you […]
Apart from your time, you need to budget for the following court fees which apply to small claims. If you need legal advice or representation at court, there will be additional fees to pay. Issue Fee (the fee you pay the court to start the claim): Claim Amount Paper form […]
In many disputes the expert evidence is central to determining the dispute. If there are issues of a non-legal technical nature the judge will need the guidance of an expert witness. However, the use of expert witnesses in the small claims court is unsual. If you wish to use expert […]
This evidence from someone with particular expertise which you may need to rely to prove your case. This could be evidence from a doctor or a building surveyor for example.
Apart from professional advice on the legal issues in your case, this is arguable one of the most important areas to determine the success or failure of your case. Depending on the amounts at stake (emotionally and financially), this is an area you should seriously consider getting some independent advice, either professional […]
The short answer is anything assuming it falls into the small claims criteria (in terms of value and complexity – see ‘What are small claims?’ and ‘Allocation outside the small claims court‘) and is not specifically excluded e.g. claims for harassment or unlawful eviction, in both cases relating to residential […]
It is a difficult question to answer accurately given the number of variables to any one case e.g. how the other side respond or how the court responds or how busy the court diary is. If you case is not defended, you can apply for judgment in default (See our […]
This is the level of Judge who hears and rules on cases in the County Court. Small Claims would be dealt with by District Judges For more details on the hierarchy of the judiciary please go to https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/