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Small
Claims
If
you have a legal dispute with someone, or if there is a financial
claim in which you are involved, then you may find yourself
as a party in a Small Claim Action in the Sheriff Court.
At
the moment as long as the amount at issue is no more than
seven hundred and fifty pounds, any litigation can only be
dealt with under the small claims procedure, which is designed
to be a simplified form of court action. The idea is that
in small claims, the amount of time, money and effort spent
on resolving the dispute should not become as enormous as
it can in the ordinary civil courts, in which costs and expenses
can run into thousands of pounds, often more than the sum
being fought over. The government are consulting on proposals
to increase the limit substantially.
In
the small claims procedure, court expenses are severely limited.
If you win your case, you will get no more than seventy five
pounds of expenses, plus certain outlays you may have made,
on top of the sum of money you are suing for. In other words,
if you hire a lawyer to fight the case for you, his or her
full bill will not fall on the losing party to pay. You may
have to meet part of it from your own resources. However,
if the sheriff presiding in the court thinks that your opponent
has put up a ridiculous defence, or has acted improperly,
full costs may exceptionally be awarded.
Remember,
although you may be entitled to legal advice and assistance
in getting preliminary help from a solicitor, civil legal
aid is not available to pay for a lawyer to conduct the case
in court.
If
you wish to raise or defend a small claim, do see a solicitor
first. If you are the pursuer, you must lodge the small claim
form outlining the basis of your case at the sheriff court
with the relevant warranting fee. A copy of the form must
then be served on the defender, and if the defender wants
to contest the case, both parties will come to the preliminary
hearing fixed by the court. At that hearing, the sheriff tries
to find from both parties what issues are to be resolved or
proved, and should try to look into the case to see if the
parties can be brought to a resolution of the matter there
and then. If they cannot, a full hearing is fixed for a further
date, and evidence of witnesses and any relevant documents
will be brought to the attention of the court.
After
the full hearing, the sheriff makes a judgment in favour of
one party or another, together with an order in respect of
interest and expenses. If the sheriff makes an error in law,
the disappointed party can appeal.
Although
the small claim system was designed to avoid the parties'
need for legal representation, experience has shown that the
party without a lawyer is often at a distinct disadvantage.
See McCash & Hunter first, if you are going to be involved
in a small claim.
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