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

Bank of Dave founder and university vice chancellor on honours list Dave Fishwick

Bank of Dave founder and university vice chancellor on honours list

15 Jun 2026

2

FWP to lead The Villa into a new chapter The Villa VetPlus Academy Spa View

FWP to lead The Villa into a new chapter

12 Jun 2026

3

Healey resignation sparks new fears over GCAP future GCAP funding

Healey resignation sparks new fears over GCAP future

12 Jun 2026

4

Top honour for Northcote’s Lisa Lisa Goodwin Allen receiving the award

Top honour for Northcote’s Lisa

12 Jun 2026

5

Community bank’s new HQ takes shape Tia Warbrick

Community bank’s new HQ takes shape

12 Jun 2026

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
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

The Bay Business Club
Logo.jpg.jpg
LBV Hub Networking
22 Jun 2026

The Bay Business Club

Morecambe Football Club, Morecambe, LA4 4TB

17:00 - 19:00

Preston Freelancer Meet-Up: June
June Freelancer Square.png.png
LBV Hub Networking
24 Jun 2026

Preston Freelancer Meet-Up: June

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Cyber Crime Awareness Event
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

Cyber Crime Awareness Event

Morecambe Golf Club, Morecambe, LA4 6AJ

13:00 - 16:00

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

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