Legal expert Gary Rycroft has offered advice on how Britons can navigate the small claims court and when it’s appropriate to make a claim – but gave a chilling warning on what could happen – even if you win. On today’s episode of BBC Morning Live (July 17), he delved into what the small claims court really is and how it could potentially benefit or disadvantage a claimant.
He specifically discussed cases where individuals were dissatisfied with building work carried out on their homes and how they might be able to recoup some of their money. However, he stressed that it falls on the claimant to not only finance a small claims case themselves but also handle all the preparation.
This may seem daunting to many, particularly those who have never experienced a small claims court case. Nevertheless, Mr Rycroft was able to debunk some common misconceptions and offer nuggets of advice for those contemplating taking someone to small claims court.
Mr Rycroft clarified: “There is not a building called a small claims court it is a process in England and Wales for bringing a claim that is below a certain value. So in England and Wales that value is £10,000 in Scotland and Northern Ireland it’s £5,000 and it’s for bringing claims regarding poor service, maybe against your landlord, for money that’s owed to you.”
He further stated: “In the immortal words of my friend Matt Alright, resorting to court should be a last measure, you should explore other options first. Depending on the nature of your claim, some sectors might have their own complaint process. For instance, if you’re dealing with a builder who is part of a trade association, they may have their own complaint process. Some sectors offer what we call alternative dispute resolution (ADR), which is a way of negotiating a settlement without going to court. The advantage of ADR is that it sometimes considers the fairness of the situation and not just the strict letter of the law.”
“Industries like airlines are required to comply with ADR before you can take them to court. Also, consider practical issues. If you’re thinking about suing someone, is it worth it? Do they have the funds? Is the business you’re suing still operational? “.
However, Mr Rycroft emphasised that small claims court cases differ from regular court cases, and you may not always achieve the desired result, even if you win. He also highlighted that sometimes the cost of making a claim might outweigh its worth leaving a person out of pocket.
He added: “Consider the amount that you are claiming, whether that’s the full amount, and gather your evidence. The thing about the small claims court and the simple procedure in Scotland, as it’s known, is that you aren’t entitled to your costs even if you win.”
“The usual rule with court cases is the winner takes it all and the winner gets their cost paid, that’s not the case with the small claims court so you are usually doing this yourself so you need to be organised get all your evidence together. The only time that you’ll have a cost order against you is if you wasted the courts time because you brought a claim that’s spurious so bringing a claim is not a game.”
He added: “So again, I can’t emphasise this enough, going to court is the last resort so once you’ve got all the evidence together, do write to the person you’re suing, the defendant, and put them on notice to say look you’re last chance to pay up, if you won’t pay up I’m going to go to court. As I’m about to explain, you can apply online, so a thing to do, a top tier, is take a screenshot of the claim form that you’ve filled out and again send that to them before you issue.”
Small claims court procedures across the UK
He added that the small claims procedure may vary depending on where you are in the UK.
England and Wales
For England you must exhaust all other options before starting a claim at gov.uk or through the post. Once this is done you must tell the defendant you’re making a claim and the reason for doing so while giving the defendant adequate enough time to respond.
The judge will then either make a decision straight away or go through a hearing.
Scotland
Scotland’s equivalent of the small claims court is known as the Simple Procedure, which is overseen by the Sheriff’s Court. The process is similar to that in England, but with a few key differences.
The court has the authority to refer both parties to Alternative Dispute Resolution (ADR), arrange a case management discussion, or make a decision without a hearing, thereby denying either party the opportunity to present their case in court.
Northern Ireland
In Northern Ireland, the process mirrors that of England, but with the added feature of an Enforcement of Judgments Office Search. This service, available for a fee, allows claimants to check if the defendant has any outstanding enforcement actions against them, aiding in their decision-making process.
This step is crucial as it helps claimants understand the potential risks involved. If the defendant already has other judgments lodged with the Enforcement of Judgments Office, the claimant may not receive their full compensation immediately, if at all.
