If you are going to make a claim under the small claims tract then you need to know the process.
You are legible to make a small claim if you are claiming for less than £10,000 and it is not a personal injury claim.
(If it is a small injury claim then it must be for less than £1000).
The process for making a claim is designed to be simple at these amounts, so that anyone can make a claim, and get justice, without spending a fortune on hiring a solicitor or lawyer to create your claim for you.
The process First you need to explore all of the possibilities of settlement.
Then you will know what you will accept and what you will not accept when you are made an offer.
Then you need to send what is known as a "Letter before action".
This is a formal letter advising the people involved of your intention to make a claim on any injustice that has been done.
If this letter is ignored then the court proceedings can be issued.
Otherwise negotiations will begin.
The courts will manage the running of the case, and it will give all the papers needed to each party.
In most cases it will be the court situated in the defendant's home town, meaning the claimant (The person who is making the claim) will need to travel to that court if needed.
The court will send an "Allocation Questionnaire" to each party.
This will ask about witnesses and evidence, that they will rely on for the case and that the judge will use to make his decision.
The judge will then look over the evidence and will issue directions for each party, and normally they will fix a date for the hearing.
The directions will normally follow a standard form.
Each party is to exchange documents and copies of documents that each party will rely on.
That way everyone will know about all of the evidence and information that will be discussed during the hearing.
Originals will need to be brought to the hearing.
The hearing itself will be rather informal.
If any expert such as lawyers or solicitors are attending on behalf of either party then the courts permission must first be asked.
The hearing will happen in the judges chambers and not in a grand court room like in the movies.
The judge will make his decision after listening to both parties and any money that is to be paid must be done within 14 days.
This process is simple and has been designed to bring justice to regular people at minimum cost.