Small claims court - on the right track

By Curtis Law Solicitors

24 Jan 2014

As the head of commercial litigation, Anis Waiz has over 20 years experience in commercial and property litigation. In this article he provides a brief explanation of the small claims track (previously known as the small claims court), addressing some key questions raised and the benefits of the process that can save your business money.

At some point most businesses need to issue proceedings to recover unpaid invoices or money paid for poor goods or services. Very often solicitors are instructed to issue proceedings for relatively modest amounts, but as surprising as it may sound, wherever appropriate we often suggest clients follow the more cost effective route of issuing their own proceedings through the small claims track.

What is it and can I use it?There are three different tracks depending on the size of the claim and the small claims track is only relevant for claims that have a value of less than £10,000. Not all claims are suitable, for example if the matter is complicated and requires expert evidence. However for recovering outstanding invoices or settling straightforward disputes about the quality of goods or service, this route can be the better option.

How do I start proceedings?Before any proceedings are issued, a letter must be sent to the other party explaining the claim being made and referring to any relevant documents and terms of contract. A claim form must then be filled in and a court fee paid. It’s recommended that a solicitor reviews the potential claim and claim form to avoid any issues arising out of the proceedings.

What’s next?If a defence is served, the court will consider the case and then make an order telling the parties how to prepare for the final hearing where the court will decide the matter. At this point a client should seek advice as to whether they can apply to the court to strike out the defence if there is no reasonable ground to defend the claim.

Do I need a solicitor to act?The small claims tracks is designed so that the hearing will be informal and complicated rules of evidence do not apply. Many people prefer to be represented but it is not necessary. Where the claim is properly set out and the relevant documents are before the court, a judge can quickly assess the issues and make a decision.

The simple reason for acting without a solicitor is costs. In the small claims track, even if a party succeeds, they are limited to recovering the court fee and costs incurred for the purposes of attending the hearing. Usually they cannot recover any legal costs unless the court finds that a party has behaved unreasonably.

Therefore, in a modest claim of £2,000 where a solicitor is instructed to act and advise, the costs to the client could exceed the claim and may not be recoverable. A good commercial solicitor will point this out at the beginning and save the client considerable costs.What should I do?If you have a potential claim, it’s best to seek professional advice. Speak to a member of our commercial team who can set out the issues and potential costs, advising you on the best solution even if it means not acting for you!

Enjoyed this? Read more from Curtis Law Solicitors

Latest news

1

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin