Small Claims Solicitors for Small Claims Court Proceedings

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.

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