In April 2013 the Small Claims Court limit rose from £5,000 to £10,000.
The Ministry of Justice decided on the increase, which may soon rise to £15,000, as part of a radical shake-up of the civil justice system.
The Ministers believe that by increasing the value of cases that can be brought in the small claims court it will allow a low-cost, user-friendly forum for resolving disputes without the need for a lawyer.
Dispute Resolution Partner, Michelle Hayter says, “Despite these good intentions, we are finding that the increase in the small claims court level is simply becoming an access to justice issue due to the fact that potential clients with a claim of £9,000, a great deal of money to most people, still find the court process daunting and need help and assistance in drafting their claims, witness evidence and disclosure requirements.” The difficulty is that the normal rule of ‘costs follow the event’ are not awarded in the small claims court meaning that it is not cost effective to instruct a solicitor to assist with making the claim, because you cannot recover those legal costs against the losing party.
Here at Frettens, we realise the difficulties faced by individuals and can offer a tailored and cost effective way to assist those trying to bring or defend a small claims court matter. We can provide specific advice as and when required for fixed fees meaning that costs do not become disproportionate to the claim. We simply provide ‘a helping hand’ when necessary to get you through the process.
For a free initial meeting, please call 01202 499255 and Michelle or Carl will be happy to discuss any questions you may have.