If you believe that someone has breached an agreement they have made with you or been guilty of negligence and you have suffered loss as a consequence, you may be entitled to sue them for compensation.
If your case is small and the amount you are claiming is less than £10,000, then the court process is faster and less formal than it would be for a larger claim. Making a small claim can cover issues such as a claim for faulty goods, poor workmanship, a landlord dispute, unpaid debts or a minor accident.
Where a claim is for between £10,000 and £25,000, then your case is likely to be allocated to the fast track court system, where a hearing is generally not expected to take longer than one day.
The process of bringing a claim
It is always recommended that you try and resolve issues with the other party before you commence a claim against them. The court may look for reasonable attempts to reach an agreement when considering what judgment to make.
If you are not able to find a solution, then you can consider mediation, particularly where the claim is substantial and the case is likely to involve a large amount of evidence. Mediation, which is a form of alternative dispute resolution, is usually faster and more cost-effective than litigation and you can be sure that if a decision is reached, it will be one that you have agreed to, rather than one that has been imposed upon you, as would be the case with the court.
Where your dispute cannot be resolved, then you can claim either a specified or unspecified amount of money. To commence the claim you should file the relevant claim form at court with the court fee. The other party will be sent a copy of your claim and have the chance to respond. At this point, they may decide to pay or they may defend the claim. The courts will let you know what will happen next, for example, the date of any hearing and any documents which need to be sent to the court in readiness.
Is there a difference between suing a company and suing an individual?
A company is considered to be a separate legal entity when it comes to legal action, so you can sue it in the same way as an individual. It is worth finding out whether the company is solvent and still trading and whether an individual is bankrupt before you start so that you can be reasonably sure they have the means to pay.
What to consider before starting a claim
As well as trying to ascertain whether the other party is able to pay, you should also take a realistic look at your case and decide whether it is worth starting legal action. You will need to have a strong case and consider how much of your time or your solicitor’s time is likely to be taken in bringing the claim.
You should also look at the remedy you are likely to receive and whether it is worth it to you. For example, you may receive a sum of money, but still have a job of work that needs to be done several months on from bringing the claim.
If your claim will be on the fast track, it could take a considerable amount of time to be heard and in the meantime, you may have to deal with a substantial amount of paperwork in exchanging witness statements, disclosing documents and preparing your case.
You should also consider the likely costs. If you instruct a solicitor, they will be able to give you an estimate of their fees and discuss with you both the strength of your case and what you might recover. If you a bringing a small claim and you are successful, then you may be awarded the court fee and some expenses, such as those incurred by witnesses.
If you are bringing a claim on the fast track, then you may be awarded fixed costs if you win.
Where you have a strong claim, you may want to proceed, but it is important to understand exactly what you will be taking on before you start the process.
Time limits
You have six years in which to commence a claim from the time when the claim arose for claims in contract or three years in the case of personal injury.
Contact our London, Birmingham and Northampton litigation and dispute resolution solicitors
At Witan Solicitors, we represent clients in a range of litigation. We are experts in dispute resolution and are often able to resolve matters without the need for a court hearing. For more information about our services, speak to our commercial litigation and personal litigation teams.
If you need advice in respect of a dispute, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you from our legal offices in Birmingham, Northampton and London.
