The document discusses the small claims procedure in the UK legal system. It was introduced in 1973 to provide a quick, simple and cheap way to make a claim in court for amounts under £5000. Key aspects of the small claims procedure include individuals bringing their own cases to reduce costs, the use of lay representatives or district judges who are trained to handle such cases, and the lack of awarding legal costs to the winner which discourages lawyers. The document outlines advantages like low costs and speed, as well as disadvantages such as potential unfairness if one party has a lawyer and difficulties collecting awarded money.

1. Satvir Daroch

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.