“The Small Claims Court” is an often-used reference to the Small Claims Track in the County Court which is a legal process in England and Wales designed to resolve civil disputes involving relatively small amounts of money in a cost-effective and efficient manner. Here's an overview:
Jurisdiction: The Small Claims Track handles civil claims where the value of the claim is £10,000 or less (lower limits apply to personal injury and certain housing claims, however). It's part of the County Court system, which deals with a wide range of civil matters.
Procedure: Small claims are meant to be straightforward and less formal than other court processes. Parties usually represent themselves (though they can seek legal advice), and the court aims to resolve cases quickly and with minimal expense.
Claims Process: To start a claim, the claimant (the person bringing the claim) fills out a claim form (N1) and submits it to the Court. The defendant (the person being sued) receives a copy of the claim form and has the opportunity to respond by filling out a response pack (including forms N9 and N9A).
Allocation to Small Claims Track: If the court deems it appropriate, the case will be allocated to the Small Claims Track. Cases allocated to this track typically have a hearing that is less formal than other court proceedings.
Hearing: Small claims hearings are usually held in private in a judge’s office and are less formal than other court hearings. The judge's role is to listen to both parties, consider the evidence presented, and make a decision based on the law and facts of the case.
Costs: One of the key features of the Small Claims Track is the restriction on costs. Generally, the losing party is not required to pay the other party's legal costs, except in limited circumstances.
Judgment: If the judge finds in favour of the claimant, they issue a judgment outlining the decision and any orders for payment. If the defendant fails to comply with the judgment, there are enforcement procedures available to the claimant to recover the money owed.
Overall, the Small Claims Track provides a simplified and accessible way for individuals and small businesses to resolve disputes over relatively small amounts of money without incurring significant legal costs. It's designed to promote access to justice and efficient resolution of disputes outside of the more formal processes of higher courts.
Useful information regarding the Small Claims Track may be found in the Civil Procedure Rules (PART 27 - THE SMALL CLAIMS TRACK - Civil Procedure Rules (justice.gov.uk)) and Practice Direction 27A – The Small Claims Track (PRACTICE DIRECTION 27A – SMALL CLAIMS TRACK - Civil Procedure Rules (justice.gov.uk)).