Taking a dispute to the small claims court FAQs
Attending court
If I make a claim to the small claims court, will I have to attend a court hearing?
Issuing a claim does not necessarily mean that you have to go to court. If the defendant decides to pay up, or if they make you an offer that is acceptable, you can stop the court action. Also, if the defendant doesn't file a defence to your claim, then 'judgment in default' will be entered, which may mean there will be no hearing, if the judge can determine how much they should award without one.
After you lodge a claim
I issued proceedings about three weeks ago in my local county court for compensation for a ruined holiday. Although I received a note from the court with a case number, I've heard nothing from the defendant. What should I do next?
In England and Wales, ring up the court and find out whether the defendant has submitted a defence. Even if they have missed the deadline they can still get a defence in if they do so before you ask the court to enter 'judgement in default' because the defendant failed to respond by the deadline. If a defence has been received you will be sent a copy by the court.
If the defendant hasn't submitted a defence, you can apply to have 'judgment in default' entered. You do this by obtaining and completing form N227, available online or from your local court. Send or take the completed form to the court, which will enter judgment for you. You will be sent a copy of the judgement, which give the defendant a deadline for paying you.
In Scotland it's your responsibility to ring up after the return date set by the court, to find out what response the defender has given.
Expert witnesses
When do I need expert witnesses for my case?
You may need an expert, for example, to explain that the defect with a car should not be expected in a car of a certain age subjected to a certain amount of use. Remember, however, that in England and Wales you can recover no more than £200 for each expert’s report from the defendant if you win your case. In Scotland there is an overall capped amount you can claim, and in Northern Ireland you can't claim experts' fees.
If, for example, you have a dispute about some building work, you may find it difficult to find an architect or a surveyor willing to provide a report for that figure.
European small claims procedure
What do I do I bought something from a trader in France and I want to make a claim?
If your claim is for €2,000 or less you can use the European small claims procedure to claim against a person who lives in another member state, then you can issue proceedings in your local court, and any resulting judgment will be enforceable directly in the defendant's member state.
I have heard mention of a Civil Procedure Pre-Action Protocol. What is this?
The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court. The parties should be open about their claim and defence and shouldn't hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR) open to them that could resolve the dispute, although the protocol does expressly recognise that no party can or should be forced to mediate or enter into any form of ADR.
Obviously not all cases may be suitable for ADR, but it at least should be considered, along with the other requirements of the Practice Direction on Pre-Action Conduct, which should be looked upon as a form of 'best practice'; otherwise the court could impose sanctions for failure to comply with the Practice Direction.
