Small Claims (less than £10,000)

All defended claims in the County Court are allocated to a "Track". Claims of the lowest value are allocated to the Small Claims Track. Initially Small Claims were defined as those with a value of £1,000 or less. Over the years, that limit has increased and from April 2013 the limit has been increased to £10,000. The intention of the Small Claims Track is for straightforward low value claims to be decided by the Court in a relatively informal manner without the parties needing to instruct lawyers.
£10,000 however is not an insignificant figure. Furthermore, the steps that the layman must take can be challenging and difficult. You have to set out your claim in writing, deal with discovery (the exchange of documents relevant to the case), consider the question of Expert evidence, prepare witness statements and present the claim in court.

You can always instruct a solicitor to act for you from start to finish if you so wish, but even if you are successful in a Small Claims Court action - apart from recovering Court fees and Expert witness expenses - you will not recover your legal fees.

You should therefore think about whether you want assistance from a solicitor to deal with specific issues at various stages during the process. For example: Getting the Claim or Defence done properly at the outset is going to make dealing with the Final Court Hearing that much easier. Your Witness Statement will be your evidence at the Final Court Hearing so getting that done properly will be money well spent.

We can assist in those areas and help you through the complexities of discovery. We can carry out these functions at a specific agreed fee. We can also help behind the scenes (we don't go on the Court record as your solicitor, so you continue to deal with the Court and your opponent direct) to advise or draft documents/letters to ensure that your claim is settled to your satisfaction or alternatively enable you to present it at the Final Court Hearing in the best manner possible.

You decide on what aspects you need our detailed legal help. That will often depend on the amount of the claim, your confidence with the simplified Court process, and the time and attention you can give to the case. For example: If you want to recover a disputed debt of £9,500, you may well decide that instructing us on a fixed fee of £500 plus vat to prepare your Witness Statement is money well spent.

If therefore you want assistance with your case, do not hesitate to contact us, and we can provide a fixed fee quote for you for the specific aspect of the case you require assistance with.
Contact us on drteam@herrington-carmichael.com or call 01276 686222.