What to expect if you are party to a claim in the Small Claims Track

The Small Claims Track is used for lower value claims, such as debt recovery claims or contract disputes valued at less than £10,000 and is intended to be a more “user friendly” process. This means that many Claimants and Defendants alike are able to take conduct of the matter themselves as a ‘Litigant in Person’, rather than being formally represented.

However, Court proceedings can often be daunting for those involved and it is important that deadlines and key dates are met to avoid detriment to your claim or Judgment being made against you. This article therefore aims to set out key features of the process and any final Hearing.

So what does a claim in the Small Claims Track involve?

The process

1. Before a claim is commenced, the Pre-Action Protocol should be followed and an initial Letter of Claim sent to the Defendant;
2. If the Defendant’s co-operation is not forthcoming or the parties are otherwise unable to resolve the matter, the Claimant may proceed to file a claim in the County Court;
3. Once the Claim Form and Particulars of Claim have been filed with the Court and subsequently issued and served upon the Defendant, the Defendant will then have 14 days to file an Acknowledgment of Service;
4. If no Acknowledgment of Service is filed within this timeframe, the Claimant may apply to the Court for Judgment in Default against the Defendant for the full amount claimed;
5. If an Acknowledgment of Service is filed, the Defendant will then have a further 14 days to formally respond to the Claim with any alleged Defence;
6. Once the Defence has been filed with the Court, the parties will be sent a Directions Questionnaire by the Court. The questionnaire contains information such as availability for a Hearing, whether the parties are willing to engage in Small Claims Mediation and details of any witnesses. The parties must both complete and return the Questionnaire by the date specified by the Court;
7. Once the Directions Questionnaires have been filed, the Court will then decide whether to allocate the matter to the Small Claims Track and whether a Hearing is required and if so, will issue a Notice of Hearing providing confirmation of the Hearing date, the date upon which the Claimant must pay the Hearing fee and any special directions to be followed by the parties beforehand;
8. Unless otherwise specified by the Court, standard practice is for the parties to file and serve their written evidence with the Court in a compliant format no later than 14 days before the Hearing date;
9. The evidence and documentation supplied by both parties will then be considered by the Judge at the Hearing in order for Judgment to be made.

The Hearing

The Hearing itself will be more informal than those in superior tracks and not at all as daunting or intimidating as often portrayed in TV dramas!

Usually the Hearing will be heard in one of the Judge’s rooms or one of the smaller Courtrooms.  Whilst they are usually open to the public, in practice it is uncommon for anyone other than the parties, witnesses and representatives to attend.

The Judge will have flexibility as to how to conduct the Hearing and will usually have read each party’s evidence and papers before the Hearing begins. The Judge will tend to ask each party to summarise their case in turn and then raise any queries they may have with either party. If either party has any comments or queries with the opposition, often the Judge will allow these to be expressed providing this is done in a reasonable and controlled manner.

Should you have representation?

Because claims allocated to the Small Claims Track are lower value, there are often issues of proportionality in instructing Solicitors to act on your behalf throughout the process. This is particularly so in defended claims and is important to bear in mind because costs recovery is extremely limited in Small Claims matters – even if you are successful.

To assist with this, our Dispute Resolution Team are able to offer a fixed fee consultation service to discuss your matter and provide you with guidance as to the next steps and what to expect moving forward.

If you are a Claimant or Defendant in a Small Claims matter please do not hesitate to contact our Dispute Resolution Team on 01604 828282 / 01908 660966 or email Litigation@franklins-sols.co.uk for details of our fixed fee services.