Small Claims Court Lawyers

If you are considering making a small claim or have had a claim made against you, our civil litigation solicitors will be able to assist with the next steps.

The small claims court deals with claims up to a monetary value of £10,000.  However, many litigants and prospective litigants are not aware that the rules on costs in the small claims court limit the costs recoverable by a victorious party, except in very exceptional circumstances. The general position is that the small claims rules do not allow you to recover your legal costs even if you win, except for out of pocket expenses such as court fees and witness costs.

The small claims court is there to resolve low-scale disputes between people, organisations or both, for example:

  • Unpaid bills, fines, loans or debts
  • Mis-sold goods
  • Unfulfilled warranties or unsatisfactory quality of goods and services supplied e.g. for vehicles, household appliances or white goods
  • Careless or sub-standard building work
  • Contract disputes

To speak to our team of small claims court solicitors, contact our Leeds, York or Sheffield-based offices by calling 0333 323 5292, or by complete the enquiry form and we’ll contact you back.

How to Make a Claim in the Small Claims Court

A small claims court action can be started either online or through the post, and the claimant will be required to pay a court fee. The cost of this will depend on the amount you are claiming for but if your claim is successful the defendant can be ordered to pay you for that. If you are unsure how a judge is likely to view your claim, Lupton Fawcett is able to advise on whether it is likely to be successful before you proceed.

Companies are often willing to make a financial settlement before the claim reaches the court stage but there is also a chance that they will submit a defence and fight the claim made against them.

In the event that a defence has been filed against your claim, the court will send you a copy of the defence to ensure that you are kept fully informed. The court will then ask you to complete a directions questionnaire, at which time we strongly recommend that you seek legal advice on how to complete that and on the likely court procedure the parties will need to comply with up to a trial.

What to Do If You Are Being Sued in the Small Claims Court

You must file an acknowledgement of the service you provided within 14 days of receiving notice that proceedings have been issued against you, and your defence must be submitted within 28 days of the initial notice. If you don’t adhere to these timings then it is likely that the claimant will request the court to enter judgment against you in default for the full amount of the claim plus costs. It is advisable to contact us as soon as you are notified of the claim against you and ideally before you receive a letter threatening court action. This will help us to act swiftly on your behalf, compiling an effective defence and entering into negotiations with the other party to find a positive resolution for you before the case even reaches court.

Will I Need Legal Representation in a Small Claims Court?

Whilst legal representation is not essential for the small claims court, it is beneficial to have a solicitor to advise and support you with some of the more daunting elements of the process, help explain any technical or legal jargon and assist you with the various forms and documents.

It is also particularly useful for us to guide you on the merits of making or defending a claim at the outset, ideally before the opposing party has launched proceedings. This can help you to avoid unnecessary costs and wasting valuable time if you are unlikely to have a valid case. This is where we can add real value and will give you clear and honest advice about your legal position.

How Lupton Fawcett can help you

Although the small claims court is designed to be a straight-forward and cost-effective way of allowing you to either claim any money or compensation you are owed or defend any such claims, complications during the conduct of the proceedings can sometimes arise, potentially costing you time and expense.

The team at Lupton Fawcett can help you navigate the process, assisting with your case in its entirety or simply the parts where you feel you need additional support. We have a proven track record of achieving successful outcomes for our clients involved in small claims proceedings, whether as claimants or as defendants.

We pride ourselves on delivering a personalised and friendly service, which will put you at your ease and help you to feel as relaxed as possible throughout the legal process.  We are highly responsive and easily contactable so that you don’t have to wait for the answers that you need. We are good people, who are good at what we do and we genuinely want to help with your dispute and achieve the results you deserve.

We are recognised across the industry as being experts in our field and are accredited by the Legal 500 and Chambers UK for our exceptional legal service.

Flexible Pricing Options

We understand that the limitation on recovering legal fees in small claims matters can be off-putting but don’t let this deter you from obtaining the best advice to maximise your chance of success.

At Lupton Fawcett we provide flexible fee options to help keep costs down. You are also able to use our service as much or as little or you like, with no obligation to use us for the entirety of your claim. There may be just one or two areas where you need a little extra support and we will tailor our legal service accordingly to meet your requirements and budget, giving you the best chance of claiming what is owed.

For more information on how we can help call us today or complete our online enquiry form for a quick response from a member of our team.

Contact Us Today

Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.

We have spent over one hundred years using our legal skills to help you through difficult, complicated or emotional times.  Within every area of law, we put your interests first.

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Lupton Fawcett have long been recognised for our expertise in Civil Disputes and Litigation.

Our Small Claims Lawyers act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Liverpool, London, Manchester and Nottingham.

As recognised experts in Civil Disputes we can support your needs wherever you live in England, Wales & Northern Ireland.

Call today or complete the enquiry form and we will get back in touch with you quickly.  We will always respond promptly, and we will be happy to help.

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Frequently Asked Questions

What claims cannot be brought into the small claims court?

Claims which are not permitted to be resolved through the small claims court include:

  • Claims against the government
  • Personal injury compensation
  • Claiming a deposit back from your landlord
  • Claims that are worth more than £10,000 in value

How do I start a claim?

To open a claim in the small claims court, you will need to file a claim form, which can be submitted on the money claims online website or via post to the court. When submitting your form, you will be required to pay a court fee. The cost of this will be dependent upon the amount that you are claiming.

A defence has been filed against my claim. What should I do?

If a defence has been filed against your claim, the court will send you a copy of the defence to ensure you are fully informed. The court will then ask you to complete an allocation questionnaire, which will provide more details about the claim. At this point, we would strongly recommend seeking legal representation in order to ensure you have the best possible chance of winning your claim.

I am being sued in the small claims court. What should I do?

You must file an acknowledgement of service within 14 days, and a defence within 28 days, of receiving the claim. If you don’t, default judgment may be made against you. You should contact us as soon as you receive the claim, ideally before that if you’ve received a letter threatening court action.

Get In Touch Today!

Get In Touch Today!

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

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