ALLOCATION

Small Claims Track

The proceedings for small claims will be much simpler, less strict than the other tracks and it is possible for there to be a conclusion to the case without the need for a hearing. Legal costs are not normally recoverable by the opponent in the small claims track and the majority of small claims cases are dealt with by litigants in person. However it is sometimes sensible to take legal advice and have a lawyer draft your claim for you or give you advice from time to time. The hearings are usually not as formal as the other tracks and the District Judges will often be more flexible when dealing with evidence. In some cases it can be helpful to have a solicitor or barrister conduct the final hearing for you to increase your chance of success however you will need to determine if this cost effective to do.

1. The small claims limit is £5,000, for personal injury cases the limit is £1,000.

2. A new small claims limit of £1,000 will be introduced for housing disrepair cases.

3. Interest and costs are not included for the purposes of establishing the value of the claim.

4. Paper adjudication if the parties consent (i.e. no hearing is necessary and the case can be determined on paper evidence)

5. Standard tailored directions will be issued for certain types of claims - e.g. holiday claims, building disputes etc. will have special timetables.

6. Parties need not attend the hearing as long as they give 7 days notice to the court and the other party before the hearing that they will not be attending. The court will take in to account written evidence of parties sent to the court and will give reasons for the decision reached.

7. Maximum of 1 day hearing (5 hours)