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Article:
Rent Arrears, Service Charge Disputes, Deposit
Disputes, Disrepair and Dilapidations Claims, plus general debts are all common
reasons why Landlords, Tenants and Letting Agents would consider
using the Small Claims Court.
The Small Claims Court in England and
Wales is designed to resolve disputes where the sum involved is £5,000
or less.
The court proceedings are relatively informal
and lawyers do not normally appear because there is a "no
costs" rule in the Small Claims Track. Litigants have to present their own cases, so if
you've always fancied yourself as a bit of a Philadelphia Lawyer,
here's your chance!
Claims can now be processed on-line, using the
Court
Service's Money Claim site.
Guidance can be found using the links on this
page and the
Civil Procedure Rules Practice Direction - Small Claims Tract
In England & Wales there are about 300
County Courts which deal with Civil disputes, as opposed to
criminal cases which are dealt with by Magistrates and Crown Courts.
The County Court is often situated in
the same building or near the Magistrates Court, and administrative
staff are there to advise on procedural matters, but not legal
matters.
The County Courts have District Judges
who are appointed by the Lord Chancellor from the ranks of
solicitors with at lease 7 years experience. It is these judges who
hear the Small Claims cases.
The County Court Procedures involve 3 possible
tracks:
- The Small Claims track - £5,000 or
less
- The Fast track - £5,000 to £15,000
- The Multi Track - £15,000 plus
When a defendant decides to file a defence to
a claim, the court will serve an allocation
questionnaire which, when completed, helps the court to decide
which track is appropriate.
Having decided you have a legal claim, perhaps
having taken some advice, you should always try to negotiate a
settlement with the other party (defendant).
If you are aware of your legal position and
you set out the facts clearly and concisely, preferably in
writing (for use as evidence if this subsequently goes to court) you
are more likely to reach an agreed settlement.
You may have to compromise on the
settlement unless there are absolutely clear breaches of
contract, so it may be expedient and less costly in the long run to
accept a lower figure.
You also need to consider that there are
absolutely no guarantees as to the outcome of the case, and
that the preparation for a case involves time and effort if you are to stand any chance of winning.
It's a good idea to purchase one of the inexpensive guides which are
available - see below.
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Give
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