Small claims support
If a trader will not settle, the small claims track is the last step, and you bring the claim yourself. Before it is issued we can draft the claim details for you to check and submit. At the hearing we can speak for you if you attend.
The small claims track
The small claims track is the County Court's simplest procedure. It is the normal track for most claims worth £10,000 or less. Lower limits apply to personal injury and housing disrepair claims, which we do not handle. Hearings are less formal than a trial and are often held in a judge's room. The amount of legal costs one side can be ordered to pay the other is tightly limited, so each side usually bears its own.
Before a claim is made, the court expects the parties to have exchanged enough information to understand each other's position and to have tried to settle. The Practice Direction on Pre-Action Conduct expects a letter setting out the claim and a reply within a reasonable time, which is 14 days in a straightforward case. If a claim of £10,000 or less is defended, both sides will usually have to attend a telephone appointment of up to one hour with the court's Small Claims Mediation Service, which does not charge, before any hearing.
Claims for a fixed sum of money can be made online through the government's money claim services, including Money Claim Online, or on paper using form N1. A court fee is payable when the claim is issued and again before a hearing. You pay these fees yourself. The current amounts are on GOV.UK, and you may be eligible for help with fees.
Why you stay in charge of the case
Under the Legal Services Act 2007, the conduct of litigation and the right to appear in court are reserved legal activities. Only people authorised or exempt under the Act, such as solicitors and barristers, may carry them out for someone else. We are neither. The High Court has confirmed that an unqualified adviser who, taken as a whole, does what a solicitor would do in running a case is conducting litigation, even without ever going on the court record (Baxter v Doble [2023] EWHC 486 (KB)).
So once a claim is in view, you are a litigant in person. You make every decision, and you prepare, sign, file and serve every court document. Before the claim is issued, we can draft the claim details for you to review and adopt as your own. After that, our role is to explain each stage and to help you get ready.
Speaking for you at the hearing
The Lay Representatives (Rights of Audience) Order 1999 allows any person to speak for a party at a small claims hearing. Practice Direction 27, paragraph 3.2, repeats its limits: a lay representative may not speak if the client does not attend, at any stage after judgment, or on an appeal. The judge has a general discretion to hear anyone, but you should plan on attending in person.
The small claims costs limits also apply to anything paid to a lay representative (CPR 27.14). In practice, you should expect not to recover the cost of our help from the other side, even if you win.
Your part and ours
| Stage | You | Us |
|---|---|---|
| Before any claim | Decide whether to settle or go to court | Write to the trader and send the letter before claim in your name, on your written authority |
| Making the claim | Complete, sign, submit and pay for the claim yourself | Explain what the claim form needs and prepare a draft of the details of claim for you to review |
| After the claim is issued | Deal with all correspondence with the court and the other side | Explain each form and deadline, and what the court expects from you |
| Mediation | Take part in the call and decide whether to settle | Help you prepare beforehand |
| Evidence | Sign your witness statement and send documents to the court and the other side | Explain what a witness statement must cover and how to organise your evidence |
| The hearing | Attend | Speak for you as a lay representative, if you want us to |
| After judgment | Take any enforcement or appeal steps | Explain the options in general terms |
What we do
- Explain the small claims process, what each stage involves and the risks
- Help you decide whether a claim is worth bringing and what evidence you need
- Before a claim is issued, draft the details of claim for you to review, adopt and submit yourself
- Once a claim is issued, explain each form, deadline and stage, without completing court documents for you
- Help you prepare for mediation and for the hearing
- Speak for you at the small claims hearing as a lay representative, only if you attend
What we do not do
- Issue the claim, file or serve any document, or complete a defence, witness statement or other court document once a claim is issued
- Write to the court, or deal with the other side about the proceedings once a claim is issued
- Accept service of court papers, or act as your address for service
- Speak for you if you do not attend, after judgment, or on an appeal
- Help with claims above the small claims limit, or claims involving injury, housing disrepair, employment or financial products
If you want someone to run the case for you, you need a solicitor. The Law Society's Find a Solicitor service lists regulated firms.
Your documents are your responsibility
Claim forms, defences and witness statements carry a statement of truth that you sign. Making a false statement in a document verified by a statement of truth, without an honest belief in its truth, can be contempt of court. If we drafted your claim details, read them carefully and change anything that is not exactly right before you submit them. If you receive court papers, the time limits are short, usually 14 days to respond, so send them to us the day they arrive.
Common questions
Can you submit the claim online for me if I give you my account details?
No. Making the claim is a step in the litigation itself, and it has to be taken by you. We can give you a checklist of what to enter and what to check before you submit it.
What if I cannot attend the hearing?
A lay representative cannot normally speak for you if you are not there. You can ask the court to move the hearing, giving your reasons. Alternatively, the court rules allow you to give the court and the other side written notice, at least 7 days before the hearing, that you will not attend, and to ask the judge to decide the claim in your absence on the documents you have filed and served (CPR 27.9).
Can I get the court fee back if I win?
Usually yes. Court fees are among the limited costs a judge can order the losing side to pay in a small claim. The cost of our help is not.
The trader has made a claim against me. Can you help?
We can explain the process and the forms, and speak for you at a small claims hearing if you attend. We cannot write, file or send the defence, or deal with the court for you. Act quickly, because the deadline to respond runs from the date the claim is served.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.