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

Brewer to buy city centre premises after 17 year journey from garage hobby Ryan Hayes Chain House Brewing

Brewer to buy city centre premises after 17 year journey from garage hobby

18 Aug 2026

2

New milestone for £10m Amounderness House project Ah Group Picture

New milestone for £10m Amounderness House project

18 Aug 2026

3

First of new Chinese electric vehicle showrooms to open in Lancashire Processed B9612b99 D7d4 4baf Be0e Bf84dbc87c2e

First of new Chinese electric vehicle showrooms to open in Lancashire

17 Aug 2026

4

Family business: Growing through the generations 3generations Who Currently Work In The Business Steve Dad Hannahdaughter And Gracegrandaughtermoorings

Family business: Growing through the generations

17 Aug 2026

5

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Finding, Getting and Keeping The Right People - FREE Workshop
LBV Website Events Graphic Action Coach 1 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Lancaster And Morecambe Logo 1 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
LBV Website Events GraphicFreelancer Meet Up 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
LBV Website Events GraphicAction Coach 2 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin