The Costs

Assessing the Cost of Making a Small Claim

Before proceeding with a small claim, it's important to consider the potential costs involved. If the expenses associated with making the claim are nearly as much as the amount you're seeking to recover, it may not be financially worthwhile to pursue the claim.

Court Fees

To make a small claim, you'll be required to pay a court fee. The amount of the fee varies depending on the nature of your claim. As your case progresses, you may also incur additional fees. If you win your case, you might be able to recover these fees from the other party. However, if you lose, you may be ordered to pay their fees as well.

Fee Reductions and Exemptions

If you're receiving benefits or have a low income, you may be eligible for reduced fees or even a complete fee exemption. Visit the GOV.UK website to check if you can get help with court fees based on your financial situation.

Legal Representation Costs

While you can make a small claim without legal representation, if you choose to hire a solicitor, you'll be responsible for their fees. It's important to discuss with your solicitor whether you might be able to recover some of their costs if you win your case.

You can also check if you're eligible for help with legal costs or if your home insurance policy includes cover for legal expenses.

Assessing the Likelihood of Payment

Before making a claim, consider the likelihood of the person or company you're claiming against being able to pay if you win. If they are unable to pay, you may not be able to recover your money, even if you win the case. However, in some situations, you might still be able to claim money if they have assets, such as a business or property.

Checking for Financial Difficulties

There are several ways to check if the person or business you're claiming against might be experiencing financial difficulties:

• Check if they have been taken to court or have refused to pay in the past.
• If you're dealing with a business, verify that they are still actively trading, as you won't be able to take them to court if they're not.
• For sole traders or partnerships, you can check if they're bankrupt on the GOV.UK website.

If there are indications that the person or business is having money problems, it may not be worthwhile to pursue your claim.

Proceeding with Your Small Claim

If, after considering the costs and likelihood of payment, you decide to proceed with your small claim, you can find guidance on Citizens Advice.