2. ◦ Need for a quick, simple and cheap way of
making a claim in court.
◦ Avoiding the cost of a case exceeding the remedy
gained.
◦ 1973 saw the introduction of the small claims
procedure.
◦ Limit for cases changed several times, stands at
£5000 since 1999
◦ 2007 limit still£5000 but £1000 for P.I.
3. PROCEDURE
◦ People are encouraged to bring their own case to
prevent costs.
◦ Lawyers can be used to start the case and represent in
the court but this adds cost.
◦ Winner of a case can not usually claim their legal costs
so lawyers are discouraged.
◦ “lay Representatives” can be used for representation
as they are unqualified and cheaper.
◦ District judges can hear these cases in private which
allows them more flexibility.
◦ D. Judges will take a more inquisitorial and have been
trained to handle these cases.
4. ADVANTAGES
◦ Costs of proceedings are low.
◦ Losing doesn’t mean having to pay other parties
legal costs.
◦ Lawyers are not needed
◦ Fairly quick procedure.
◦ D. Judge helps people to explain their case
properly.
5. DISADVANTAGES
◦ For cases over £1000 there is an allocation fee of
£100
◦ No legal funding for Lawyers although “no win no
fee” available in some cases.
◦ If other party are a business they usually use a
lawyer therefore this can lead to unfairness in
court.
◦ John Baldwin research suggests that D. Judges are
not very helpful.
◦ Only around 60% of people receive the money
they are awarded.
