Small Claims Flashcards
When was the small claims procedure started?
1973
When the small claims procedure started in 1973, want was the original claims that could be made?
£75
In 1991, what was the small claims limit raised to?
£1,000
In 1996, after the Woolf report, what was the small claims limit raised to?
£5,000
Why are people encouraged to represent themselves in a small claims track?
so that costs are low
Why is legal representation discouraged in a small claims track?
If used, the winner cannot claim the costs of using a lawyer from the losing party
Where are small claims heard?
- usually in private
- Can be heard in an ordinary court
What does the small claims track allow the District Judge to be ?
flexible in the way he hears the case
How are District Judges trained to deal with small claims tracks? (3)
- Inquisitorial
- active party in the proceedings
- ask questions to make sure both parties explain they important points
What are the 5 advantages of a small claims track?
1) The cost of taking proceedings is low especially for claims under £1,000
2) If you lose, do not have to pay other sides legal costs
3) Can take the case themselves, saves money
4) Procedure is quicker than other tracks
5) District Judge will help both parties to explain their case
What are the 4 disadvantages of a small claims track?
1) Legal funding is not available
2) When the other side is a business they are most likely to use a lawyer leaving the claimant at a disadvantages
3) Research by John Baldwin has shown that District Judges are not always helpful to unrepresented claimants
4) only about 60% of claimants received all the money awarded by the court
What percentage of claimants actually receive all the money awarded by the court if they win their case?
60%
When may a claimant not have to pay for legal representation?
if they are funded through a ‘no win, no fee/
Research by who showed that District Judges are not always very helpful to unrepresented claimants
John Baldwin
