Explanation of definitions and terms used in the small claims court

Many of the terms used in court procedures are confusing to people who are not familiar with the courts. Listed below are some of the most common terms - please click on to the terms for the definition.

	Acknowledgement of service
	Allocation fee
	Allocation questionnaire
	Claim Form
	Claimant
	Counter Claim
	Defence
	Defendant
	Directions
	Enforcement
	Fast track
	Fixed costs
	Judgment
	Judgment in Default
	Multi-track
	Notice of Issue
	Request for Judgment
	Set aside
	Small Claims track
	Strike out

A small claim is the process whereby two or more parties can reach agreement by using the court system. This begins with with the Claim Form which is known as an N1 and used be called a Summons Form.

The Claim Form provides the Defendant with the details of the claim and the reply pack that is attached enables the Defendant to defend the claim if so be.

The Claimant is the person or company bringing the claim against the defendant. In the past the Claimant was known as the Plaintiff.

The Defendant is the person or company who answers or defends the claims made against them.

If the Defendant disputes the accusations made in the claim they may put forward to the court a defence. This should detail why the claim is disputed and always beaccompanied by evidence or proof to that effect. The Defendant usually has 21 days from the date of issue of the claim to respond and let the court know that a defence is to be filed and 28 days to file that defence.

Judgment is the decision made by the court supporting the case of the claimant, the defendant or both. Sometimes known as judgment order,

Judgment in Default

If the defendant fails to react to the claim form and does nothing within the period of 21 days then judgment in default can be applied for. This also applies if an Acknowledgement of Service is filed but the Defendant fails to file a defence within 28 days of service -(date claim form was recieved) of the claim. In this case a judgment is entered for the full value of the claim and any associated costs. The Claimant does not need to go to the court if Judgment In Default is obtained.

If the defendant does not agree with a judgment they can apply to the court for the judgment to be set aside. Good reasons must be provided such as postal delays, out of the country or illness. Ability to show and prove that the judgment order is unfounded is also a factor.

When making a decision to set aside the judge or magistrate will always take into account whether or not the defence would have a good chance of being successful. Set aside is not automatic and if declined interest still accrues at the statutory rate of 8% for the entire period of delay.

A judgment granted is only the first stage in settlement. Is is often necessary to enforce the judgment using one of the enforcement options. The court does not automatically enforce a judgment and it is necessary to instruct the court as to enforcement option preferred. Please see or page at Enforcement.

Small Claims track

The Small Claims Track is the track to which monetary claims of not more than £5,000.00 are usually allocated. Personal injury claims of less than £1,000.00 and housing disrepair claims for a similar amount can also be allocated to the Small Claims Track. The allocation to a particular track is decided by the District Judge who may take into account other factors when making the allocation.

Disputes valued at more than £5,000.00 but not more than £15,000.00.

Disputes over £15,000.00.

When a claim is allocated to a particular track the District Judge will issue directions to both the claimant and the defendant. These will apply to the provision of documentation to the court and the appointment of expert witnesses. Directions must be complied with, especially in respect of time scales otherwise the claim risks being struck out.

Recent changes in the court procedure have enabled fixed costs for legal advice to be recovered.

Notice of Issue

At the same time as the issue of the claim is sent to the defendant a Notice of Issue is sent by the court to the claimant or the claimant's solicitor. The Notice of issue document shows the claim number allocated by the court, the date of issue, the date of service, the method of service and the final date by which n the defendant must respond.

Acknowledgement of service

When the defendant includes a defence to the claim it is done using the acknowledgement of service form which must be returned to the court within the time scale quoted on the Notice of Issue. A copy of this is then sent by the court to the claimant or claimant's solicitor. The defendant is allowed 28 days from the date of service to file a defence at the court. If this is not forwarded within the 28 days Judgment in Default should be applied for as soon as possible.

Allocation questionnaire

When the claim is defended an allocation questionnaire is forwarded to both the claimant and the defendant. This must be completed and returned within the time specified - usually 14 days. Thie Allocation questionaire provides the District Judge or magistrate with all relevant information to enable allocation of the claim to the appropriate track and the a hearing date when the court will preside the case.

When the claim is for a sum in excess of £1,000.00 a fee of £80.00 is payable by the claimant to the court. This is in addition to the issuing fee - please see our page at Fees & Costs

Request for Judgment

Judgment is not entered automatically and you must also apply for the court judgment to be entered. This is made clear on the form Notice of Issue.

The Defendant has the right to make a counter claim. This is when the defendant can prove that the claim is unfounded, unproven or malicious. The defendant may then respond to the claim form with a new claim for their own losses - a counter claim. They need to pay the fees that apply to presenting a counter claim and must present acceptable evidence that proves thier case.

When court documents are not filed on time, or it can be shown that there has been a breach of court procedure or the claim is obviously unsound and unproven the court may strike the claim out. The defence may ask for strike out as thier response. This means that any court action in connection with the claim stops and no further action can be taken by the court. However, claims can be re-instated if new evidence that does actually prove the case can be put forward.