Small Claims Court

Dealing with the Small Claims Court

The small claims court is a specifically British institution, designed to offer scope to members of the public to seek money they are owed without having to hire a lawyer, which makes it sound a little odd to offer small claims court support as one of our services.  However, let’s look at why:

  1. The small claims court handles claims with a value up to £10,000 - that’s a substantial sum of money and many individuals don’t feel confident in their case without some legal input.
  2. Any court proceeding can be daunting - without legal representation, people often don’t follow through on what they are owed because the prospect is so difficult
  3. Small claims are not cost free - if you issue Court proceedings you will be liable for a court fee. While this is recoverable if you are successful in your claim, it remains your cost if you aren’t.
  4. Mediation is often a better approach than the small claims court and - in fact - the court will often expect you to have attempted to resolve the dispute in other ways before bringing a claim.

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At Robertsons Solicitors we know that feeling - overwhelmed by the requirement to recoup the money and receiving no co-operation from your opponent. This can leave you lacking the confidence to know how to proceed and believing that every option is equally fraught with risk and difficulty. For all these reasons, having a fixed fee cost for your small claims case can offer you peace of mind, belief in your approach and may even produce the required payment before you reach the court itself.

Fixed Fees

If you are in the small claims court and are successful in either making or defending the case, you are unable to claim any legal fees from the other party. 

We have therefore set out fixed fees which we believe are proportionate to claims brought at court. Furthermore, you have the option to use our legal services for all or part of your case. To make it easy, we have set out the work requirements in three stages. There is no obligation for you to use us for all stages.

On some occasions there will be cases that are not appropriate for the small claims court and we would discuss this with you at our initial meeting.

Stage 1 - Discussion as to the merits of the case, preparation of the Claim Form and Particulars if you are making the claim or the Defence if you are defending it and completing the Directions Questionnaire.

Stage 2 - Meeting with you and any witness, drafting of the witness statements (up to two statements) and the consideration of your evidence & the relevant documents that are crucial to your case.

Stage 3 - Reviewing the other party's evidence, in depth analysis of the important issues in the case and preparation & working with you towards the final hearing.

Claim Amount Cost of each Stage
Up to £5,000 £300 (+VAT)
£5,001 - £8,000 £500 (+VAT)
£8,001 - £10,000 £600 (+VAT)

Please note:

  • You will still be responsible for sending and receiving all the correspondence to and from the court and any third parties. 
  • If you require us to deal with the court and any third parties directly, there will be an additional 25% to the fees above.
  • The costs do not include representing you at a final hearing. If you wish to be represented, we will arrange for an advocate to attend for which there will be an additional fee.
  • We will require one third of the Stage fee up front and the remainder once that Stage has completed.
  • The costs do not include court fees.

Successfully claiming in the Small Claims Court

Our Cardiff solicitors provide a range of approaches to small claims actions to ensure our clients can approach their case with confidence. It all begins with a free, no obligation consultation that allows you to understand your legal position more clearly and to receive expert guidance on your best next step to resolve the problem.

Testimonial

 "I am extremely thankful to Chris Barber for the positive result achieved.  He was very professional and approachable and supportive in the court.  Thanks again."

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