How To Run Your Own Court Claim

9th March 2018

How To Run Your Own Court Claim

Many people are put off making or defending a claim by the thought of lawyers’ fees. Even if it’s a debt or claim for your business, you might sometimes decide that it’s easier to write it off than spend money pursuing it. Even worse, you might settle a claim against you, just to avoid the cost of dealing with it. If the claim is worth less than £10,000 then the ‘loser pays the winner’s costs’ rule does not apply, and so even if you win you can end up being put of pocket.
 
But navigating the court process yourself can be straightforward, especially for simple claims like recovering a debt. A Government website has a useful summary of the small claims court process. It also explains the fees you’ll need to pay and how to enforce a judgment.

Here are other some places to go to for free help – click on the links:

  • Companies House. Are you suing a limited company or a sole trader/individual? Is “ABC Plumbing” a trading name for an individual, or a company name? Check on the Companies House website to see if a company exists, and also find out if a company is worth suing, i.e. how strong it is financially.
  • Acts of Parliament. The legislation you might need to bring a claim includes the Sale of Goods Act 1979, the Consumer Rights Act 2015 and the Limitation Act 1980.
  • Caselaw: link to a database of judgments in cases, usually in the High Court, Court of Appeal and Supreme Court (or House of Lords).
  • Where to start the claim: link to the court system’s site allowing you to make a claim online, which is cheaper and quicker than on paper/by post.

Notes

​For more information about pursuing debts, click here. For more information about  litigation and claims generally, click here.