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Document Cited authorities 7 Cited in Related
AuthorPatricia Pearl/Tim Parker
Pages1-18
Small Claims Procedure in the County Court A Practical Guide

SEVENTH EDITION

Small Claims Procedure in the County Court A Practical Guide

SEVENTH EDITION

Patricia Pearl

A Retired Circuit Judge

Tim Parker

A District Judge; Member of the Civil Procedure Rule Committee

Wildy, Simmonds & Hill Publishing

© Patricia Pearl and Tim Parker, 2021

Contains public sector information licensed under the Open Government Licence v3.0

ISBN: 9780854903009

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The right of Patricia Pearl and Tim Parker to be identified as the authors of this Work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the authors or the publisher.

Sixth edition 2014

This edition published in 2021 by

Wildy, Simmonds & Hill Publishing

Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com

Typeset by Heather Jones, North Petherton, Somerset.

Printed in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY.

Table of Contents

Preface xix Small Claims in the County Court – A Simplified Flowchart xxi Glossary xxv Procedural Table – Overview of Small Claims Procedure xxxiii Table of Cases xxxv Table of Statutes xxxix Table of Statutory Instruments xli Table of Conventions lvii Table of Other Material lix

PART 1
CLAIMS 1

Chapter 1
Preliminary Topics 3
1.1 How to use this book 3
1.2 Preliminary topics 4
1.2.1 The overriding objective 4
1.2.2 Speedy – effective – proportionate 5
1.2.3 The small claims track – history and overview 5
1.2.4 Dealing with the court system 5
1.2.5 Electing to use the small claims track 6
1.2.6 Terminology 7
1.2.7 Judges 7
1.2.8 Reference materials 9
1.3 Evaluating the case and avoiding court proceedings if possible 10
1.3.1 The five basic questions 10
1.3.2 How to decide if the proceedings are worthwhile 10 Evidence 10 The law 11 The cost of proceeding (time and money) 12 The risks involved in losing 12 The possibility of a counterclaim 12 Does the other side have funds? 13

vi Small Claims Procedure in the County Court

1.3.3 Avoid court proceedings if possible 13
1.4 Letters before action and pre-action conduct 15
1.4.1 Introduction 15
1.4.2 The Practice Direction on Pre-Action Conduct and


Protocols 15

1.4.3 The Pre-Action Protocol for Debt Claims: special pre-action steps where the claimant is a business and the
defendant is an individual 17

1.4.4 Consequences of non-compliance 18
1.5 European Convention for the Protection of Human Rights and Fundamental Freedoms 18

1.6 Help with legal fees, court fees and getting free advice 19
1.6.1 Help with court fees 19

Chapter 2

Step-by-Step Guide to Starting a Small Claims Case 21
2.1 Overview 21
2.2 Issuing claims 26
2.2.1 By post 26
2.2.2 Online 27 Money Claim Online 27 Online Civil Money Claims 28

2.2.3 Over the counter 29
2.2.4 Ways of issuing a claim – summary 30
2.3 Checklist for starting a small claims case, including information
to help with completing the claim form online 30
2.3.1 Decide if the claim is to be specified or unspecified
(step 1) 31

Specified claims 32 Unspecified claims 32 General considerations 32
2.3.2 Name the claimant (step 2) 33
2.3.3 State the claimant’s address (step 3) 34
2.3.4 Give the claimant’s address for sending documents
and payments (step 4) 34

2.3.5 Identify the defendant (step 5) 35 Business premises 35 Documents 35 On request 36 Claims against directors of limited companies 36 Other points about companies 37 Claims against partnerships 37 Claims against principals and agents 37

Contents vii

Claims against companies in liquidation 38 Claims against bankrupts 38
2.3.6 Name the defendant and give their address (step 6) 38
2.3.7 State where the defendant is to be served (step 7) 39
2.3.8 Brief details of the claim (step 8) 41
2.3.9 Particulars of claim (step 9) 41
2.3.10 Complete the tick box about any human rights element
(step 10) 42

2.3.11 Calculate the interest (step 11) 42 Contractual interest 43 Statutory interest 43 Personal injury claims 43 Late payment of commercial debts 44

2.3.12 Statement of truth (step 12) 44 Wording of the statement of truth 45 Who can sign the statement of truth? (CPR PD 22, paragraph 3) 45

Consequences of failure to sign the statement of
truth 46

2.3.13 Value – check that the case is within the small claims
limit (step 13) 47

2.3.14 Amount claimed (step 14) 47
2.3.15 Calculate the court fee (step 15) 48 Fee remission 48

2.3.16 Calculate the legal representative’s costs on the claim
form (step 16) 48

2.3.17 Choose a preferred hearing centre (step 17) 49
2.3.18 Ask the court to issue the claim form, or submit the
claim online (step 18) 49

2.3.19 Service of the proceedings 50 Delay in serving the claim form 50

...

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