Legal International Arbitration

Alternative Dispute Resolution

Legal International Arbitration

Alternative Dispute Resolution

Is your claim genuine?

Before doing anything else, step back and think about whether you have a genuine claim. If your claim gets to court the judge will be looking for the accuracy of your claim and more importantly whether or not you're telling the truth - including embellishments. If the judge finds that you are, then you're not going to win, so be honest with yourself.

Does this take a lot of time?

If you're a busy person that thinks this is going to be a quick solution, then think again. You need to consider both the time it will take to put together all the information for your claim, and then the time you will have to take out of your schedule to attend the hearing.

What about cases outside the UK?

You can't claim online if the defendant's address is outside England and Wales. Sometimes you'll need the court's permission to serve the claim form. There are special procedural rules that have to be followed and the position can sometimes be a little complicated so you may need to seek guidance from the court. There is a special procedure for European cross-border claims (eg, you're shunted at traffic lights in Rome and want to claim here). The claim limit is €2,000 using the European small claims procedure (see the European Consumer Centre for more). There is a standard claim form which you can issue through the county court. If you win, they'll be ordered to pay your costs, which may include translation fees. In Scotland the small claims maximum is £5,000 while in Northern Ireland it's £3,000.

Expenses can be awarded against you

Expenses can be awarded against you if you lose You shouldn't have the other party's lawyer's fees awarded against you - but you could find yourself paying certain expenses of theirs if you lose, and you won't get the court fees back. You'll have to pay within 14 days of the hearing, but you can ask for more time to pay the costs and anything else by installments once the court has seen full details of your income, expenses, assets, and liabilities. You could end up paying: £90/day For loss of earnings or leave to attend a hearing, plus reasonable traveling expenses for each of the other side and any necessary witnesses they take along to court. £750 If the judge gave them permission to get evidence from an expert.

Please pay attention

While every effort's been made to ensure this service accuracy, it doesn't constitute legal advice tailored to your individual circumstances. We can't assume responsibility and don't accept liability for any damage or loss which may arise as a result of your reliance upon it.