Defended Small Claims (Under £10,000)

Why use it?

The small claims track deals with all debt claims with a value of less than £10,000.00. As the costs rules in the Small Claims Track only provide for recovery of the Court fees and fixed costs by the winner from the loser, it is important to deal with the claim proportionately. We know that it is important for our clients that we deal with debts under £10,000.00 in a proportionate and commercially aware way.

We offer a pick and mix menu of legal services to assist you with the progress of your claim. We can do as much or as little as you want. If you feel confident to progress your claim then there is no reason why you cannot take over conduct.

We will advise you at the outset:

  • Whether we think you have reasonable prospects of winning your claim;
  • The likely costs of doing so;
  • Whether you will be able to enforce any Judgment you obtain against the debtor.

Not all debtors will admit a debt, even when they know when it is genuinely owed.

The Civil Procedure Rules (CPR) dictates that claims are dealt with in a certain way. Parties are required to complete the following stages:

  • Claimant issues a claim – which makes it clear to the debtor what is being claimed and why.
  • Debtor files a defence / counterclaim – which makes it clear to the Claimant the basis of the debtor's Defence and any counterclaim.
  • Claimant files a reply to defence / defence to counterclaim in response to the defence.
  • The parties both file direction questionnaires – which assist the Court in deciding what directions are required to progress the claim.
  • Both parties disclose documents upon which they wish to rely.
  • Parties exchange witness statements – which set out the basis of the oral evidence which the witnesses will give at trial.
  • In some cases, parties instruct an independent single joint expert to assist the Court in making its Judgment.
  • Attend the trial and put forward the party's case

In some cases, it may be appropriate for a party to make an application to Court to have a claim/defence "stuck out" on the basis that it does not have a "real prospect of success". As part of our ongoing analysis of your claim, we will advise you if it is appropriate to make such an application.

Our costs for each step of defended small claim are set out below:

Stages Our Costs (plus VAT)
Letter Before Action See Undefended Debts
Issue Proceedings See Undefended Debts
Advice on prospects of success on receipt of Defence £200.00
Reply to Defence (if appropriate) £200.00
Filing of Directions Questionnaire £50.00
Disclosure of Documents £100.00
Drafting Witness Statement - per statement £400.00
Preparation for and conducting trial (if appropriate) £1,000.00

The costs above are not usually recoverable from the debtor, unless it is possible to show the Defendant has acted unreasonably in defending the claim.

We can offer different ways of funding so please call us to discuss what we can do for you including "No Win, No Fee."

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