Proceedings in the Small Claims Court

At Mason Bullock Solicitors Northampton, we are happy to conduct any claim on behalf of our clients.

However, for claims under £5,000.00, the Court will not allow successful claimants to recover their legal costs from the losing party. This means that your legal costs will eat into the amount being claimed.

You may therefore want to consider bringing a claim in the Small Claims Court without the help of a solicitor. Many people are discovering the value of issuing proceedings in the Small Claims Court. It is quick, cheap and an effective means of improving cash-flow.
We set out below 10 pointers that will help you to get it right in the small claims track.

1. All the forms you need are available on line at www.hmcourts-service.gov.uk. Start with the Claim Form (N1). This should then be sent to your local county court. Alternatively, you can begin proceedings on-line at www.moneyclaim.gov.uk.

2. When drafting the Claim Form, decide what the real issues are. Usually, the central issues you will need to prove are:-

   • there was a binding agreement;
   • your opponent breached the agreement (this may simply be a failure to pay the invoice); and
   • you have suffered loss as a result.

If you can show these three things, you should win your case. We recommend that you provide a breakdown of your losses.

3. Make sure you use the correct name and address of the Defendant. If it is a limited company, put the full registered address. If it is a firm, put the name of the proprietor or the partners. For example Joe Bloggs, trading as Bloggs Shoemakers. This will make it easier to enforce any judgment you obtain.

4. Always use numbered paragraphs in court documents, whether it is a Claim Form, a Defence or a Witness Statement. This will help the Court to understand the order of events.

5. If your claim is for an unpaid invoice, attach to the Claim Form a copy of the invoice. This helps to focus the mind of the debtor and improves the prospects of receiving payment without the need to go to a hearing.

6. The Court will set deadlines for disclosing documents and witness statements. Enter these in your diary well in advance. If you miss a date, you are in danger of the court throwing your case out without a hearing!

7. Only include relevant documents in the bundle of evidence. Ask yourself, what issues are in dispute and whether each document is necessary. If it does not, leave it out. But remember – you have to disclose documents that could hinder your case as well.

8. The bundle of documents should be in chronological order. It should also have page numbers and an index. This helps the judge and the parties to find documents quickly and easily.

9. A Witness Statement should contain your recollection of events in your own words. You simply need to say what happened in the order that it happened. Do not argue your case in the Witness Statement.

10. Arrive at least half an hour early on the day of the hearing. This will help to make ensure you are relaxed when the hearing starts.

If you are claiming more than £5,000, we recommend that you contact us for advice.