Island Knowledge - National Expertise
Small Claims Court - Legal Help on the Isle of Wight
The phrase "Small Claims Court" is an informal term used to describe a streamlined procedure within the legal system, allowing individuals to resolve minor civil disputes. The actual name for this system varies by jurisdiction. In England and Wales, for instance, the "Small Claims Track" is the official term used for these types of cases that are part of the County Court system.
The phrase "taking someone to Small Claims Court" is widely understood as pursuing a legal claim against another individual or entity within this simplified court system. Therefore, when someone mentions they're "taking someone to Small Claims Court," they typically imply they're filing a claim in the Small Claims Track or the equivalent system concerning a relatively minor dispute.
Although the shift towards the more formal term "Small Claims Track" is noticeable, the phrase "Small Claims Court" persists in everyday language as it conveniently summarises the process in layman's terms.
What is the typical duration of a small claims case?
At Glanvilles Damant Legal Services, we understand that the average duration from the initiation of a small claim to its eventual court hearing is on average approximately 35 weeks therefore, we encourage clients to pursue legal action promptly to expedite resolution.
Our team at Glanvilles Damant is well-equipped to offer expert assistance.
What is considered a small claim?
A Small Claim is now classified as a sum below £10,000. There may be complex legal issues involved where you would want legal advice/support and we are here to help.
Using the Small Claims Track it will not be possible to recover the majority of your legal fees as the process is designed for parties in a dispute to conduct litigation by themselves without taking professional legal advice. Our team appreciate that this will not always be possible and are on hand to offer fixed cost advice on specific elements on your claim should the same be required.
The rules and procedures are simplified when the case is treated as a Small Claim.
Commonly, case such as the following can be dealt with by way of the Small Claim’s track.
- Disagreements over contracts
- Defective or damaged products
- Property damage
- Inadequate services
- Consumer-related concerns
Limited Cost Recovery
When sums of up to £10,000 are involved, there may well be complex legal issues involved and you will want a solicitor to assist in your claim or help with your defence if you feel you are being wrongly pursued.
However, please be aware that this will be at a cost you cannot fully recover. If you do win, you can recover a limited range of costs including court fees, travel expenses and loss of earnings while attending the hearing.
If you have a small claim for which you would like legal advice/support contact us now to discuss the support we can provide.
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