Small Claims Guide to Issuing and
Defending a Case in the Small Claims
Track in England and Wales
Small claims procedure
Making or filing a small claim is relatively inexpensive and straight forward but is only the tip of the iceberg compared to winning your case.
The process starts simply by filling in the names and addresses of the parties, the amount claimed and brief description of the dispute, followed by the fee payment.
However while the claimant is all too aware of the circumstances which have led them to court, cases get dismissed or court costs increase because of the case not being pleaded correctly or a misunderstanding of the law.
At Stormcatcher Small Claims we help businesses and individuals understand the legal basis of their claim, what they can get compensation for and understand the small claims process.
Initial Free Small Claims Legal Advice
0333 700 7676
Why the small claims track ?
The small claims track of the county court is quicker and less formal procedure for dealing with claims up to £10000. Court fees and costs are fixed according to the claim value and civil procedure rules, which also limits the amount either party can claim for solicitors fees and legal costs from the loser.
Our specialist small claims
lawyers will advise you on
the merits and legal basis
of your claim
£99 + VAT
Make a Claim
Drafting Letter of claim
particulars of claim
legal advice through
£199 + VAT
A lawyer will advise you on
the merits of the claim
draft the defence &
£299 + VAT
Can I take a solicitor to small claims court
The most frequently asked question at citizens advice bureau is whether you can take a solicitor to small claims court and you can. However, the fixed court fees and special small claims track rules limit how much you can reclaim for legal fees should you win. Our low cost fixed fee small claims lawyer service is designed with this in mind.
Letter of claim
There are specific pre-action protocols for specific types of claim but all including the small claims procedure start with the requirement of the claimant to send a letter of claim or letter before action to the defendant.
The letter of claim must state the amount owed or relief sought and time limit to respond. However, a succinct presentation of the facts and legal grounds for the claim can be helpful in reaching an early resolution without going to court.
Particulars of claim
If the letter of claim fails to resolve the dispute, the claim form and the particulars of claim needs to be filled in, presenting the outline of the court case. Professionally drafted particulars of claim including the relevant law can be invaluable.
After being served with the claim form the defendant has 14 days to acknowledge the claim or file a defence. If an acknowledgment is filed the defence has to be filed within 28 from the date of service of the claim form. A bare denial won’t cut it and a professionally drafted defence can prove invaluable.