Consumerline - Search

Search

Home: Taking Legal Action: Small Claims Court

Small Claims Court

Introduction

The Small Claims Court is a low cost, quick and informal way of settling disputes. The system was set up in Northern Ireland in 1979. It allows anyone to take a claim of not more than £2,000 and may not necessarily result in a court hearing. If a court hearing is necessary it would normally be completed in approximately three months. The procedure is simple and involves completing a one-page form and paying a fee which is determined by the amount of the claim (see list of fees below).  Alternatively you can process your claim on-line at www.courtsni.gov.uk and pay by debit or credit card.

What the law says

The Small Claims Court operates under Order 26 of the County Court Rules (Northern Ireland).

Useful information

In general a small claim is where the value of the claim is not more than £2,000. Examples of the claims you can make are:

• claims for debts;
• claims for faulty goods;
• claims for unsatisfactory workmanship; or
• claims for damage to your property.

Excluded Claims:

• claims for personal injuries;
• claims in relation to a road traffic accident;
• claims for libel or slander;
• claims concerning the title to land.

The current fees for small claims are:
- for claims not exceeding £300 - £30
- for claims over £300 but not over £500 - £50
- for claims over £500 but not over £1,000 - £70
- for claims over £1,000 but not over £2,000 - £100

If you intend using a Small Claims Court to make a claim in respect of goods or services you have paid for the you can contact Consumerline on 0300 123 6262 or talk to Citizens Advice or local Advice Centre who will be able to offer advice on the procedure and provide an application form. You can also get an application form and a small claims guide at any Court office, by phone from the Small Claims Central Processing Office on 028 9072 4566 or on-line at www.courtsni.gov.uk

Completed application forms may be lodged at your local Court office or sent to the Small Claims Central Processing Office at the address shown below. Following the processing of your application you will receive an applicant's pack and the person you are claiming against (the respondent) will receive a respondent's pack allowing approximately one month to admit or dispute your claim. These packs contain all the further forms that are required to complete the case. If the claim is disputed the case will be listed for a court hearing at your local court office before a District Judge.

If the respondent fails to either admit or dispute your claim you can apply for a default decree against the respondent. This is a County Court judgment and will affect the respondent's credit history.

The Small Claims Court is designed so that you do not need a solicitor or barrister to represent you. The judge will explain the procedure and give you the opportunity to give details of your claim. You will also get an opportunity to put your questions to the respondent and any witnesses if you wish. If you do decide to engage a solicitor then you will be responsible for paying their costs even if you win.

If you win your case you will receive a decree from the Court office which will also be served on the respondent. If the respondent fails to make payment or arrange payment within a reasonable time (usually between 14 and 28 days) the next step you can take is to contact the Enforcement of Judgments Office (EJO) to have the decree enforced by trying to receive payment form the respondent on your behalf. However, this entails further court fees. Their address and phone number are shown below or at www.courtsni.gov.uk. 

What to do if you have a complaint

You can't complain about a judicial decision but you can complain about the personal conduct of a member of the judiciary. The Lord Chief Justice introduced a new code of practice governing such complaints with effect from 3 April 2006. The code is available on the Court Service website.

You can also complain about Court or EJO officials. Try first to sort out any complaint locally. If that doesn't work, get in touch with the Regional Business Manager (the Court will give you the address) or for EJO complaints, the Chief Enforcement Officer (he is based in the EJO).

If, having got their reply you're still unhappy, write to the Parliamentary Ombudsman. His address and phone number are shown below.

From category: Taking Legal Action