Small Claims Solicitors Malton, York & Wetherby
Our Charges and Conditions
In 2013 the Small Claims limit increased from £5,000 to £10,000 for most claims.
The significance of the courts treating a claim as a small claim is that in most cases the unsuccessful party does not have to pay the successful party's costs, other than the court issue and hearing fees and a modest contribution to the drafting of the court papers.
For many individuals and businesses, £5,000 to £10,000 represents a significant sum of money, but the legal issues involved in a claim can be as complex as claims for a higher value.
To provide some certainty for you we are offering a Small Claims service for money claims falling within this bracket, subject to an initial assessment of your claim.
Please note that claims for the possession of residential or commercial property, or where you are claiming something other than money, such as claims for an injunction, do not fall within the scope of this service.
We are happy to provide you with a quote for dealing with all or part of your case - you may feel able to handle your claim yourself with some help. Details of this are available on request.
Please contact us for an estimate of our fees.
Court Fees are payable in addition, which are currently £455 to issue the claim and a £335 court hearing fee, if your claim does not settle. Court fees are recoverable from the Defendant if you win your case at trial.
If you cannot afford the fee, you may be eligible for a fee remission in full or in part. The combined booklet and application form 'EX160A - Apply for help with fees' gives all the information you need.
You can get a copy online from here or from any court hearing centre.
In the event of your claim being settled at least 14 days before the small claims hearing date, we will discount our fee by £300 plus VAT.
If you are VAT registered, you will be able to set the VAT off against your VAT liabilities.
We will reimburse our costs and any court fees reclaimable from your opponent, if these are recovered.
It is a condition of this service that 50% of our fee is paid on instruction, and the balance 14 days before the small claims hearing or on an agreement being reached with your opponent, if sooner.
Payment may be made by cheque made payable to Ware & Kay Solicitors Ltd and sent to these offices.
Alternatively, payment may be made by way of card payment, by telephone or by direct bank transfer to our client account.
Please ask for details.
What this service includes
- Obtaining your instructions
- Reviewing your documents
- Letter of Claim (if not already sent) and advice on response
- Drafting of Claim Form and Particulars of Claim, and obtaining your approval
- Issuing and serving the court proceedings
- Considering and obtaining your instructions on your opponent's Defence to the claim, and advising in light of the Defence
- Preparing and filing the court's Directions Questionnaire (including obtaining your instructions)
- Small Claims telephone mediation of up to 1 hour
- Dealing with disclosure of documents
- Preparing a witness statement, if necessary
- Instructing a barrister for the small claims hearing
- If an agreement is reached to settle your claim, preparing and filing an order recording the settlement with the court
Reasonably necessary correspondence and telephone calls in connection with the above.
Please ask for details.
If you do not require our full service as detailed above, please contact us to discuss further as we are happy to provide alternatives upon request. An estimate of our fees will be given to you when we have reviewed your matter.
And what we expect from you…
- That you make full disclosure of relevant documentation
- That you are truthful (the court will require you to confirm that the evidence you are providing is honest)
- That you respond promptly to our letters and e-mails
- That, if we are drafting a witness statement for you, you provide an initial draft statement containing what you consider to be important
We are happy to estimate for advising and representing on lower value claims.
We will account to you for any costs and fees recovered from your opponent.