The document introduces a new Small Claims Track (SCT) in the Patents County Court that aims to speed up the court process and make it easier for small and micro businesses to protect their intellectual property rights for claims up to £5,000. It provides guidance on what constitutes a small claim, how to begin the process by completing an application form, what happens after it is submitted, the procedures that take place during a hearing, and the potential outcomes of the court's decision.

1. ACID GUIDE TO NEW SMALL CLAIMS TRACK
FOR BUSINESSES WITH IP DISPUTES
“Welcome to ACID’s easy to understand
guide to the Small Claims Track (SCT). A key
lobbying objective of ours, was to provide
micro and small businesses access to a cost
and time effective means of taking legal
action for small claims.
Well, here it is......
A new small SCT has been introduced to the
Patents County Court (PCC),which will speed
up the court process and make it easier to
protect their Intellectual Property (IP) rights
for claims up to £5000.”
For any further help please do not hesitate to contact the ACID helpline 0845 644 3617 or email
info@acid.uk.com
Message from Dids Macdonald, CEO of ACID:

2. What is a Small Claim?
How Do I Begin?
Completing the Application
Form
What Happens Next?
Procedures During Hearing
The Court’s Decision

3. What is a Small Claim?
A Small Claim is one where the value of the claim is not more
than £5000
•Claims for Copyright
•Claims for Trademarks
•Claims for Unregistered Designs
•Claims for Passing off
Excluded Claims:
• Patents
• Registered Design
How Do I Begin?
The first thing you must do is to decide if issuing a small claim is the best way for you to proceed.
There are a number of points you should consider.
1. Have you tried to settle your claim with the respondent directly?
2. If you are successful in your claim will you be able to recover the money?
Please Note: The court does not pay the amount that is awarded; it only decides who is liable
TIP 1: The PCC encourages parties to mediate. Alternative Dispute Resolution, Mediate to Resolve
TIP 2: 3 ways of LEGAL REPRESENTATION
 Self representation with a colleague
 Legal advisor
 Pro-bono legal assistance

4. How Do I Begin?
Completing the Application Form
It is important to give all the necessary information. This will assist in processing your claim and will make it easier to
enforce a decree if one is granted.
CLAIM FORM
1. Note down the correct details
a. APPLICANT: the complainant. You must give your full company details and contact numbers.
b. RESPONDENT: the person against whom the claim is made. It is important that you ensure that the
information you give in this section is accurate. If it is a LTD or PLC .
c. AMOUNT OF CLAIM: This must not exceed £5000. Even if you are unsure of the amount you wish to
claim you must estimate a figure and insert it on the form.
d. PARTICULARS OF THE CLAIM: In this section you should set out the facts of your case clearly and
simply.
e. STATEMENT OF TRUTH: You should be aware that anyone signing this statement of truth must believe
that the facts stated in the form are true. If a part or parts of it are untrue then you may be held in
contempt of court and may face a fine or imprisonment.
2. What type of proof do you have? Gather Evidence.
3. Do you have any witnesses who will support your claim?
4. Submit to PCC
What Happens Next?

5. What Happens Next?
1. PCC will perform an administrative check. If there are any difficulties with the form they will return it to you
setting out the amendments or further details required.
2. PCC will send the Respondent a copy of the application form and a Response Pack with the return date marked on
it. The time limit set for the reply to defence is 28 days from the service of the defence.
a. If there is no dispute on the allocation, the court will give directions on paper without a preliminary
hearing, and fix a date for the final hearing. If that is not possible, various alternative orders may be made.
b. If there is a dispute, PCC will determine the allocation. You will receive a “Notice of
Dispute/counterclaim”. The court may re-allocate a case proceeding on one track in the PCC to the other
track. Should the respondent disagree, PCC will give appropriate directions.
3. At this stage there are various choices available to the respondent:
a. They can settle the claim directly with you
b. They can admit liability for the claim
c. They can dispute liability for the claim then 2a and 2b may be applied
d. They can counterclaim
e. They might ignore the claim
The Next step will be determined by what the respondent chooses to do and a number of other factors.
• Parties will be given at least 14 days notice. At a preliminary hearing, PCC will fix a date for a final hearing (if that
has not already been done), inform the parties of the amount of time allowed for the final hearing and give any
appropriate directions.
• If your claim has been disputed/counterclaim has been issued.
The judge will explain for your case is to be heard. You will get an opportunity to put questions to the respondent and
to his or her witnesses if there are any. When all parties and witnesses have been heard, the judge will make a
decision there and then
PROCEDURES IN THE SMALL CLAIM TRACK
Procedures During Hearing

6. Procedures During Hearing
The judge may in particular:
1. Ask questions of any witness himself before allowing any other person to do so.
2. Ask questions of all or any of the witnesses himself before allowing any other person to ask questions of any
witnesses.
3. Refuse to allow cross-examination of any witnesses until all the witnesses have given evidence in chief
4. Limit cross examination of a witness to a fixed time or to a particular subject or issue, or both.
A hearing that takes place at the court will be tape recorded by the court. A party may obtain a transcript of such a
recording on payment of the proper transcribers’ charges.
Provisions are in place to enable a party to give notice that he/she will not attend a final hearing and sets out the
effect of his giving such notice and of not doing so. Nothing in the provisions affect the general power of the court
to adjourn a hearing, for example where a party who wishes to attend a hearing on the date fixed cannot do so for
a good reason.
The Court’s Decision
If your claim is successful.
The respondent will have to pay you the amount decided by the judge, the application fee and any other costs
awarded by the judge. You and the respondent will receive a copy of the decree in the post, a few days after the
hearing. This will state the amount of money awarded by the judge.
If you are not successful.
If the judge decides against you, the respondent will not be ordered to pay you anything, and you won’t get the
application fee back that you paid. If the respondent has issued a counterclaim against you and the judge decides
the counterclaim in the respondent’s favour then you will be ordered to pay the respondent an amount of money
as well as the fee they paid for issuing the counterclaim. You may also be required to pay other costs awarded by
the judge. You and the respondent will receive a copy of the decree in the post, a few days after the hearing. This
will state the order of the court given by the judge.
Please Note: The court does not pay the amount that is awarded, it only decides who is liable.

7. Glossary
• Acceptance of Liability - This is when the
respondent admits liability for the claim. The
respondent completes a form admitting the
claim to the applicant. It may or may not
include a request to allow time to pay the
amount claimed.
• Allocation - The apportionment or
designation of the claim for a specific
purpose or to a particular place
• Appeal - A proceeding brought to a higher
court for review of a lower court decision.
• Applicant - The person making a claim.
• Application - The form the applicant uses to
begin the case.
• Assessment Hearing - This is a hearing at
which the judge will decide on the amount of
the claim.
• Civil Processing Centre - The office where
the application for a small claim is processed.
• Copyright - the exclusive legal right to
reproduce, publish, sell, or distribute the
matter and form of something
• Counterclaim - A claim made by the
respondent in reply to the applicant’s claim
which is not a defence to that claim. It is a
separate but related claim against the
applicant, which is dealt with at the same
time as the applicant’s claim.
• Decree - Written order made in a small
claim.
• Fee - This is the amount of money paid by
the applicant to start the small claims
process or the amount paid by the
respondent to issue a counterclaim. The
successful party can usually add the fee paid
to the amount of the decree.
• Liquidated Claim - One which has a fixed
amount of money attached to it, for
example, a debt for goods supplied or for a
loan. The Civil Processing Centre will decide
if your claim is liquidated.
• Notice of Dispute - This is a form completed
by the respondent when disputing
responsibility for the claim.
• Party - This can mean either the applicant or
the respondent.
• PCC – Patents County Court
• Respondent - The person against whom the
claim is made.
• Return Date - This is the date by which a
respondent must either submit a form
accepting liability or a notice of dispute and /
or counterclaim. It will be clearly marked on
the application form by the Civil Processing
Centre.
• Small Claims Court - A court which deals
with small claims.
• SCT – Smalls Claim Track
• Statement of Truth - This is the declaration
that the contents of the document are true.
Proceedings for contempt of court may be
brought against a person who makes, or
causes to be made, a false statement in a
document verified by a statement of truth
without an honest belief in its truth.
• Stay of Execution - This is the term used to
describe a decree that is made allowing the
respondent time to pay the amount of the
claim.
• Trademark - a device (as a word) pointing
distinctly to the origin or ownership of
merchandise to which it is applied and legally
reserved to the exclusive use of the owner as
maker or seller
• Unliquidated Claim - One which has an
estimated amount of money attached to it,
for example, for damage caused to property,
for repairs for damage caused or for faulty
workmanship. The Civil Processing Centre
will decide if your claim is unliquidated.

8. USEFUL LINKS
• Copyright
• Trademarks
• Unregistered Designs
• Passing Off
• Patents
• Registered Designs
• Alternative Dispute Resolution
• Mediate to Resolve
• Legal Representation
• PCC – Contact Details
• Procedure in the SCT
• Small Claims Application Form
• ACID Website
• Join ACID -