Legal Advice Small Claims

Northern Ireland Court Servicewww.courtsni.gov.uk

servingthe communitythrough theadministrationof justice

A guide to the small claims process

Small Claims Guide

We can provide this booklet in a wide range of alternative formats - please contact the Information Centre at

Northern Ireland Court ServiceInformation CentreWindsor House9-15 Bedford StreetBelfast BT2 7LT

Telephone 028 9032 8594Facsimile 028 9041 2390Textphone 028 9041 2920Email [email protected]


What is a small claim? 4

Introduction3

How do I decide if I should issue a small claim?

6

How do I start? 11

Completing the application form

15

What happens next? 23

What happens if my claim is settled or admitted? 28

What happens if my claim is disputedand / or a counterclaim is issued?

31

What happens if the respondent does not reply?33

What happens if I have to go to court? 38

Procedures during a hearing40

What you will find in this booklet

Addresses of small claims courts and theCivil Processing Centre48

List of terms50

Courts’ Charter54

I have been successful, what happens now? 44

Who can I ask for advice? 47

The court’s decision 42

www.courtsni.gov.uk page 3

Intr

oduc

tion

Introduction

This booklet is designed to explain how the small claims

process works and to help you decide whether or not to

use the small claims system. There is further information

on the types of claim you can make through the small

claims court later in the booklet.

Small claims courts allowcertain types of claims tobe decided informally bythe county court, usuallywithout the need for asolicitor or barrister. Notall claims will result in acourt hearing.

The booklet has beendivided up into thesections listed on page 1to help you find theinformation you requireat whatever stage of the

proceedings you are.However as a generalguide you should readthis booklet completelybefore you beginproceedings.

A list explaining themeaning of terms usedin the booklet iscontained at the back ofthe book for yourinformation.

Small Claims Guide page 4

Wha

t is

a s

mal

lcl

aim

?

What is a small claim?

There are a number of things, which will help you to

decide if your claim is a “small claim” and can be dealt

with by the small claims process.

In general a small claimis one where the valueof the claim is not morethan £2000

Examples of claims youcan make are:

• Claims for debts;• Claims for faulty

goods;• Claims for

unsatisfactory workmanship; or

• Claims for damage to your property.

Excluded ClaimsThere are cases, whichmay seem to fall into thesmall claims category butwhich are excluded.Listed below are some ofthe most common typesof claims that cannot bemade using the smallclaims process:

• Claims for personal injuries;

• Claims in relation to a road traffic accident;

• Claims for libel or slander;

• Claims concerning the title to land;


Wha

t is

a s

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aim

?

• Claims where the matter has been sent by the High Court to the county court;

• Claims involving a legacy or annuity; or

• Claims in relation to the property of a marriage.

There may be otherinstances when a smallclaim cannot be used orwhere an applicationmay only be made withthe judge’s permission. Ifyou need furtherinformation on excludedclaims you can speak toa solicitor, the voluntaryconsumer adviceagencies or the staff inthe Small Claims CentralProcessing Office.

Staff in the Office canhelp you by explainingthe small claims processto you but cannot giveyou legal advice.


Shou

ld I

issu

e a

smal

l cla

im?

Have you tried to settleyour claim with therespondent directly?

You may wish to try tosettle your claim directlywith the respondent bywriting to themoutlining your claim. Ifyou do this you should

keep a copy of yourletter and allow them aweek or so to reply. Anexample is givenopposite, however this isfor guidance only andyou will want to writeyour own letter statingthe facts of your case.

How do I decide if I should issue asmall claim?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.


Shou

ld I

issu

e a

smal

l cla

im?

1 New Street

Anytown

1 September 2004

Dear Sir

On the 1 August 2004 I bought a suite of furniture from your

firm for £1250. Within one month the cushions on the settee

had lost their shape completely and are now so bad that it is

uncomfortable to sit on any of the seats.

I have telephoned your shop on several occasions and spoken

to the receptionist. She has not been able to locate any

salesperson to speak to me and has taken my number and

complaint to pass on to them. To date I have had no contact

from any member of your sales team.

Your firm is responsible for the goods you sell and I am not

prepared to accept the suite in this condition. I should be

pleased to hear from you as soon as possible.

Yours faithfully

Mrs Smith


Shou

ld I

issu

e a

smal

l cla

im?

If you do not receive areply or if the reply youget is not satisfactory itwould be reasonable foryou to write again

advising that you intendto start legalproceedings if yourclaim is not settledsatisfactorily.

1 New Street

Anytown

10 September 2004

Dear Sir

I have not received a reply to my letter of the 1st September, in

which I explained the problem with my suite of furniture.

Unless I hear from you within 7 days I intend to begin a small

claims action to recover the cost of the goods without any

further notice.

Yours faithfully

Mrs Smith


Shou

ld I

issu

e a

smal

l cla

im?

If you still do notreceive a satisfactoryresponse you may wishto consider issuing asmall claim.

If you are successful inyour claim will you beable to recover themoney?

This is perhaps the mostimportant question youshould ask beforedeciding to proceedwith a small claim. Evenif you succeed in yourclaim, if the respondenthas no money to paythe amount of the claimyou may not get yourmoney.

The court does not paythe amount that isawarded, it only decideswho is liable.

The Enforcement ofJudgments Office (EJO),is part of the NorthernIreland Court Serviceand will help you torecover the amountclaimed by enforcingany decree that you aregranted. They have aseparate procedure andyou will need to contactthem for furtherinformation about theirfees and forms.


Shou

ld I

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e a

smal

l cla

im?

Before you begin asmall claim you shouldknow that the EJO canmake a search against apossible debtor for asmall fee. This willshow whether therespondent alreadyowes any money toother people. You canthen use thisinformation to help youdecide whether or notto issue your smallclaim. You can contactthe EJO at:

The Enforcement ofJudgments Office7th FloorBedford House16-22 Bedford StreetBelfastBT2 7DSPhone: (028) 9024 5081Fax: (028) 9031 3520


How

do

I sta

rt?

How do I start?

Having considered the previous section you will be able to

make your decision about whether or not to issue a small

claim. Below are some other points you may want to

consider before you begin.

and address(es) are asaccurate as possible.Examples of completedforms are given later inthis booklet togetherwith guidance on howto complete your form.

You can issue your smallclaim for the smallclaims court in thecounty court divisionwhere either you or therespondent live or carryon business – it is yourchoice. If you are indoubt about whichcourt to issue your

Where can you get anapplication form?

You can get anapplication form fromyour nearest:

• Court office;• Citizens Advice

Bureau;• Trading Standards

Office; or• Local advice centre.

You should fill in anapplication form,making sure that therespondent’s name(s)


How

do

I sta

rt?

application form forthen contact the courtstaff and they will beable to help you.

If the respondent livesoutside Northern Irelandyou can still issue a smallclaim against themusing the process andforms described in thisbooklet. There is moreinformation on this laterin the booklet when wedeal with completingthe forms.

You must not send theapplication form directlyto the respondent. Yourcompleted form shouldbe brought or sent, withcopies (one for yourself

and one for eachrespondent), to theCivil ProcessingCentre with the

appropriate fee. Theaddress is at the back ofthis booklet. You canget copies of the currentfees from court offices.You should makecheques or postalorders payable to “TheNorthern Ireland CourtService”. You canalso pay the fee by mostdebit or credit cards atany court office.

What type of proof doyou have, for example:invoices, receipts,written agreements orother documents?


How

do

I sta

rt?

You may havedocuments whichsupport your claim andwhich you intend to useto prove your case. Youmust submit copies ofthese with yourapplication form to theCivil ProcessingCentre.

Any party may, if theywish, use an expertwitness to support theircase, for example, if theclaim was for badworkmanship in fittingwindows a party mayconsult another firm togive their opinion onthe work carried out.Either party may consultexpert witnesses and

their evidence should begiven in the form of awritten report unlessthe judge directsotherwise. If a writtenreport is to be used thenthis must be lodged inthe court office 14 daysbefore any courthearing. The court willthen serve this report onthe other party and mayset a new hearing date.

At any time beforedeciding on the case thejudge may ask for anexpert to be consulted.


How

do

I sta

rt?

Do you have anywitnesses who willsupport your claim?

You may not need to goto court to settle yourclaim but if you do andyou have witnesses whowill support your claimyou should try toarrange for them tocome to courtvoluntarily.

If they will not agree tocome to court you cancontact the CivilProcessing Centre or

court and ask to issue awitness summonsrequiring theirattendance at the court

hearing. The processinvolved in this isexplained later in thisbooklet.

It is important that youremember that you willhave to pay any witnessexpenses, for example,travelling expenses.They cannot be addedto the amount of yourclaim.


Com

plet

ing

the

appl

icat

ion

form

Completing the application form

When completing thesmall claim applicationform you will noticethere are five mainareas (see the examplesat the back of thisbooklet).

Applicant

This section is for yourpersonal details. Hereyou should enter yourname and addressincluding postcode andyour e-mail address ifapplicable. You mayalso wish to give your

telephone number toassist the CivilProcessing Centre in

contacting you.

It is important to makesure that the correctperson is making theclaim, for example, theperson to whom thedebt is owed, theperson who bought thefaulty goods, or theperson who ordered thework to be carried outshould be the one tomake the claim.Likewise the personwhose property hasbeen damaged or who

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.


Com

plet

ing

the

appl

icat

ion

form

leased the premisesshould be the onemaking the claim.

Respondent

This section is for thedetails of the person,firm or company againstwhom you are makingthe claim. It isimportant that youensure that theinformation you give inthis section is accurate.You should check thatthe name and addressyou have for therespondent is correctbefore you begin yoursmall claim.

If the respondent is anindividual you should

enter his or her fullforenames and surnameand home address(including the postcodeand e-mail address ifapplicable).

If the respondent is alimited or public liabilitycompany (Ltd or plc)you should enter thefull name of thecompany, including ‘Ltd’or ‘plc’, as therespondent, rather thana named employee. Thefull postal address ofthe company’sregistered office shouldbe entered. A companyregistered outsideNorthern Ireland mayhave an address towhich documents may


Com

plet

ing

the

appl

icat

ion

form

be sent in NorthernIreland. These addressescan be obtained fromthe Companies Registry.The address andtelephone number ofthe Companies Registrycan be found on page47.

When claiming against abusiness or a firm otherthan a plc or Ltdcompany, you mayeither enter the name(s)and full postaladdress(es) of theowner(s) of the firm or,alternatively, enter thename of the firmfollowed by the words‘sued as a firm’ and thefull postal address of

the firm. For example‘Smith & Son sued as afirm’.

When claiming against arespondent who tradesin a name other than hisor her own you shouldenter the name of therespondent followed bythe words ‘trading as’and the full postaladdress of therespondent. Forexample, ‘Joe Soaptrading as A1 Furniture’or ‘Smith & Jones Ltdtrading as Smith Ices’.


Com

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form

Respondents who resideoutside NorthernIrelandIt is possible for a smallclaim to be sent to arespondent outsideNorthern Ireland. Theservice procedures andmethod of enforcementof any decree awardedare unique to eachcountry. You may wishto contact the CivilProcessing Centre for

advice.You (the applicant) mustsign a statement thatyou have not issued anyother application inrelation to this claim.The Office can providean example of this

statement. If necessary,you must pay the cost oftranslating anydocuments relevant tothe application. TheOffice then attempts toserve the papers by postor by personal servicedepending on wherethe respondent resides /carries on business. Ifservice by a processserver is required, youmay be required to payfurther fees.


Com

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form

The amount of the claim

This must not exceed£2000 unless you clearlystate on the form thatyou intend to “abandonthe excess” – this meansthat you agree to limityour claim to £2000even though theamount of the claim isover that. Even if youare unsure of theamount you wish toclaim you must estimatea figure and insert it onthe form.

The particulars of theclaim

In this section youshould set out the factsof your case clearly andsimply. For example: • When did the claim

arise? • What goods /

services wereprovided?

• When did you buythe goods / services /have your propertydamaged?

• What went wrong?

If you need more spacethan that given on theform you shouldcontinue on a separatepage.


Com

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the

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form

InterestNot every case will havea claim for interest butif you do wish to claiminterest you mustinclude this on yourapplication form.Interest is an amountadded to the claim fromthe date the claim aroseand can be claimed untilthe date of the decree.At present theapplicable court rate is8% per year but youmay wish to check thisbefore you issue yourclaim. This rate can beused unless the claimarises from a contractwhich specifies analternative rate.

If you are claiminginterest you must statethis clearly on theapplication form andyou should enter theamount, rate and periodof the claim for interest.The £2000 limit appliesonly to the claim andthe inclusion of interestor the court fee maytake the claim over the£2000 limit.


Com

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form

ExampleSet out below is asimple example of howto calculate the amountof interest:

Amount of claim£1000

Interest rate per year(365 days) 8%

Interest claimed from1.4.04 when the moneybecame owing until thedate the claim is issued24.7.04 inclusive 115 days

To work out the interestyou will need to carryout the followingcalculation:

8% of £1000 = £80which is the interest for1 year on this claim

£80 ÷ 365 = £0.21 whichis the daily rate ofinterest on this claim

£0.21 X 115 = £24.15which is the interest onthis claim from 1.4.04to 24.7.04.

Statement of Truth

Once you havecompleted yourapplication form youmust print, then signyour name and enterthe date at theappropriate place.


Com

plet

ing

the

appl

icat

ion

form You should be aware

that anyone signing thisstatement of truth mustbelieve that the factsstated in the form aretrue.

If you sign this formknowing that part orparts of it are untruethen you may be held incontempt of court andmay face a fine orimprisonment.


Wha

t ha

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What happens next?

Step 1Staff will check that thefee you have sent iscorrect and that theform contains all therelevant information. Ifthere are any difficultieswith the form they willreturn it to you settingout the amendments orfurther details required.They will then decide ifyour claim is aliquidated orunliquidated amount.This decision willdetermine theprocedure followed foryour claim and a moredetailed explanation of

this is given later in thisbooklet.

A liquidated claim isone which has a fixedamount of moneyattached to it, forexample, a loan, goodsnot paid for etc.

An unliquidated claim isone where the amountyou are claiming is anestimation of theamount due, forexample, damage toproperty, faultyworkmanship, faultygoods you have used orhad in your possessionfor a time.

Once you have lodged your application form in the

Civil Processing Centre a number of things will happen.


Wha

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Step 2The staff in the Officewill then send therespondent a copy ofthe application formwith the return datemarked on it. They willalso send therespondent a“RespondentsInformation Pack”which gives theminformation andguidance on theprocedures to befollowed.

The Office will at thesame time send you acopy of the applicationform with the returndate marked on it. Theywill also send you an

“Applicants InformationPack” which gives youinformation andguidance on applyingfor a decree if therespondent fails to replyby the return date.

You should read all ofthe documents sent toyou by the Officecarefully beforesubmitting any formsfor a decree.


Wha

t ha

ppen

sne

xt?

Step 3At this stage there arevarious choices availableto the respondent:

• They can settle theclaim directly withyou;

• They can admitliability for theclaim;

• They can disputeliability for theclaim;

• They cancounterclaim; or

• They might ignorethe claim.

The next step will bedetermined by what therespondent chooses todo and a number ofother factors. You maywish to consult theoverview diagram onthe next page to giveyou an idea of the routewhich your claim mayfollow.


Ove

rvie

w D

iagr

am

Overview Diagram of the Small Claim

Please note: Settlement of Claim can occu

Application received by Ce

Civil Processing Centre identifies

After return dat

Copy application sent to respondentwith respondents information pack

Acceptance of liabilityreceived

Applicant declaration

Court determines rate

Decree (with Stay)

Decree (with Stay)

Notice of disputeand / or counterclaim

received

Court decision

No reply fromrespondent

Decree issues

Applicant completefor a De

Liquidated Claims

List case forCourt hearing

Accept terms Refuse terms


Ove

rvie

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iagr

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aim Process (Application to Decree)

ccur at any time throughout the process

Copy also sent to applicantwith applicants information pack

y Civil Processing Centre

fies return date and type of claim

date has passed

Acceptance of liabilityreceived

No reply fromrespondent

Notice of disputeand / or counterclaim

received

Refuse termsAccept terms Court hearing

Court determines rateDecree (with Stay)

Decree (with Stay)Assessment decreeissues

Assessment hearingCourt determinesamount of decree

Court decision

letes an applicationa Decree

Unliquidated Claims

Applicant declaration


Cla

im is

set

tled

or a

dmitt

ed?

My claim is settledIf you settle the claimwith the respondentand want to withdrawthe application, youshould inform theCivil ProcessingCentre immediately in

writing.

The settlement shouldinclude the court fee. Ifthe respondent isunwilling to pay the feeand you want it back,you can continue withyour application torecover this.

My claim is admittedIf the respondentaccepts responsibility foryour claim they should

lodge an “Acceptance ofLiability” form with theCivil ProcessingCentre before the return

date. They may ask fortime to pay the amountdue. The Office willsend you a copy of thisform together with a“Declaration followingreceipt of Notice ofAcceptance of Liability”form.

You should choose oneoption, either:

• Accept the terms proposed - in which case the Office will issue a decree with a stay of execution; or

What happens if my claim is settled or admitted?


Cla

im is

set

tled

or a

dmitt

ed?

• Ask for the matter to be considered by the judge to determine the reasonable weekly / monthly amount to be paid by the respondent.

and return the form tothe Civil ProcessingCentre.

Stay of ExecutionIf the respondent hasasked for time to paythe amount due to you,and this has beengranted by the chiefclerk or the judge, theterms will be clearlystated on the decreeyou receive. Not alldecrees will have a stay

of execution on them soyou should read yourscarefully when youreceive it. An exampleof the wording of this isgiven below:

A stay of execution isgranted provided therespondent pays to theapplicant the sum of£50 per monthcommencing on the 1st November 2004.

You should rememberthat it is in your interestthat you recover anyamount owed to you.This may be bestachieved by allowingthe respondent time topay the amount.


Cla

im is

set

tled

or a

dmitt

ed?

Should the respondentfail to comply with theterms of the stay ofexecution and you wishto enforce your decreethrough the Enforcementof Judgments Office youwill need to apply to thechief clerk to remove thestay of execution. This isdone by signing adocument containing astatement of truthdeclaring that therespondent has failed tocomply with the terms ofthe stay and stating theamount now due to you.

The staff in the CivilProcessing Centre will be

able to help you withthis should it apply toyour decree. There is alsofurther informationabout this later in thebooklet.


Dis

pute

d or

coun

terc

laim

issu

ed

What happens if my claim is disputedand / or a counterclaim is issued?If the respondentreturns a ‘Notice ofDispute and / orCounterclaim’ to theCivil ProcessingCentre at any time then

your case will be listedbefore the judge for acourt hearing. Therespondent may alsoapply to bring in furtherparties to the smallclaim if they wish. Youwill be informed of thisif it happens in yourcase.

You will be sent a copyof this notice receivedfrom the respondentthat will outline thedetails of the disputeand / or counterclaim.You will also receive a

‘Notice of Hearing’which will inform you ofthe date, time and placeof the court hearing. Ifyou have difficulty inattending court on thedate given you shouldcontact the court officeimmediately and explainthe situation to them.They may be able tooffer an alternativedate.

You must attend thecourt hearing if yourclaim is disputed and /or a counterclaim isissued. You should alsobring with you anywitnesses, originaldocuments,photographs etc. thatyou intend to use tosupport your claim.


Dis

pute

d or

coun

terc

laim

issu

ed If it is possible youshould also bring thedamaged goods withyou, for example, if yourclaim is for damage toclothes while being dry-cleaned you shouldbring the clothes withyou.


A r

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What happens if the respondent doesnot reply?

LiquidatedIf the Civil ProcessingCentre has assigned your

claim as liquidated thenyou should follow theinstructions in yourinformation pack andapply for a decree. Youwill have to completethe application formstating the amount thatis then due.

You should bring orsend this form to the

Civil ProcessingCentre, where it will be

checked. Yourapplication will then beput before the chiefclerk. If everything issatisfactory a decree willbe sent to you. A copyof the decree will alsobe sent to therespondent.

If the respondent does not lodge a reply to the

application by the return date then you are entitled to

proceed and apply for a decree. It may be advisable to

wait a short period of time after the return date before

submitting your application for a decree, this will allow

for any postal delays in receiving the respondent’s reply

and forwarding this on to you.


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UnliquidatedIf the Civil ProcessingCentre has assigned your

claim as unliquidatedthen you should followthe instructions in yourinformation pack andapply for a decree. Thiswill mean completingthe application formstating that the amountis to be assessed by thedistrict judge.

You should bring orsend this form to theCivil ProcessingCentre where it will be

checked. Yourapplication will then beput before the chiefclerk. If everything issatisfactory a decree

stating that the amountof the claim is to beassessed by the judgewill be sent to you. Acopy of the decree willalso be sent to therespondent. The courtoffice will send bothparties a ‘Notice ofHearing’ stating thedate, time and place ofthe assessment hearing.Information about whatwill happen at anassessment hearing isprovided later in thisbooklet.


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ExclusionsAn application for adecree using the formsin the information packcannot be issued in thefollowing cases:

• Where the applicantis a minor (under 18years of age); or

• Where the applicantis a patient (a personwho has beencertified as mentallyincapable ofmanaging their ownfinancial affairs).

If either of theseapply to therespondent in your caseyou must advise the

Civil ProcessingCentre. A court hearing

date will be allocatedand the judge willdecide the case. Theremay be othercircumstances when anapplication for a decreemust be approved bythe judge. The Office orcourt will advise you ifthis applies to your case.

If the respondentcontacts the CivilProcessing Centre or

court, after any decreehas issued, stating thatthey did not receive theapplication or did notreceive it in sufficienttime to reply, or for any


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other reason they didnot reply in time thenthey will be advised toissue an applicationasking that the decreebe set aside. You willbe sent a copy of theapplication and will beinvited to reply inwriting to it within 14days. The judge mayeither:

• Decide that there isa valid reason forthe failure to replyand may set thedecree aside withouta court hearing andmay give adirection on how thecase is to proceed.

The parties will benotified by the courtof any order madeby the judge; or

• Fix a date forhearing thisapplication to setaside the decree.The parties will benotified of this dateand invited toattend. The courtwill also send to theparties a copy of anyorder the judgemakes after dealingwith an applicationof this type.


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Likewise if therespondentsdocumentation isreturned to the CivilProcessing Centre by the

post office, and it isclear that therespondent was notaware of the claimbeing made, then theOffice will ask the judgeto revoke any decreethat has been made andwill contact you tosupply additionalinformation, forexample, a new addressfor the respondent.

If the decree is set asideyou must return to thecourt the decree thatwas issued. The courtstaff will advise you onthe next step to betaken, for example,providing a newaddress, attending ahearing etc.


Wha

t ha

ppen

s if

Iha

ve t

o go

to

cour

t?

The small claims processis designed so that youdo not need a solicitoror barrister to representyou. If you do chooseto engage one, andeven if you win yourcase, you will beresponsible for payingtheir cost as thesecannot be added toyour claim.

As mentioned beforeyou may have witnessespresent at the courthearing and you shouldtry to arrange for themto attend voluntarily.

What should I do if awitness does not agreeto come to court?For a small fee theCivil ProcessingCentre or court can give

you a witness summons,which requires a witnessto come to the hearing.You can deliver thissummons to the witnessyourself or have itdelivered by a processserver or by yoursolicitor. With a witnesssummons you shouldgive the witness a sumof money - either £12.15for a police officer or

What happens if I have to go to court?

All court hearings will be informal although you may be

asked to take a religious oath or affirm before giving the

facts of your case.


Wha

t ha

ppen

s if

Iha

ve t

o go

to

cour

t?£17.12 for a civiliantogether with areasonable sum to covertheir travellingexpenses. Even if youwin your case, you maynot be able to recoverthese fees andexpenses from therespondent.

The amountsmentioned here maychange and you shouldcheck with the staff inthe Civil ProcessingCentre.


Proc

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ing

If your claim hasbeen disputed and / ora counterclaim has beenissued.The judge will explainhow your case is to beheard – this may varyfrom one court toanother. Both sides willbe asked to tell theirversion of the facts ofthe case and both willbe questioned directly.Remember that thejudge will make adecision based on thefacts.

You will get anopportunity to putquestions to therespondent and to his orher witnesses if there

are any. You canprepare for this bystudying therespondent’s reply onthe notice of dispute(and counterclaim, ifrelevant) and bypreparing questions inadvance. You may takenotes of what therespondent and his orher witnesses say toassist you in challenginganything with whichyou do not agree. Therespondent will also begiven the opportunity toquestion you and yourwitnesses.

When all the parties andwitnesses have beenheard the judge will

Procedures during a hearing


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ing

usually make a decisionthere and then. Butbefore making adecision the judge maywish to inspect, orobtain an expert reporton, the property or itemin question.

If your claim has tobe assessed.You will need to attendcourt if your claim hasbeen assigned asunliquidated and thejudge is required toassess the amount ofyour claim. This is calledan assessment hearing.The court will informyou and the respondentof the date of the

assessment hearing. Youshould attend thehearing to help thejudge assess the amountof your claim. Therespondent may or maynot attend. If therespondent intends toappear at theassessment hearing theymust notify the courtand the other parties ofthis in writing.

If your claim is for anunliquidated amountand disputed and / or acounterclaim has beenissued then the judgewill deal with thesematters together at thehearing.


The

cour

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on

If your claim issuccessful.The respondent willhave to pay you theamount decided by thejudge, the applicationfee and any other costsawarded by the judge.You and the respondentwill receive a copy ofthe decree in the post, afew days after thehearing. This will statethe amount of moneyawarded by the judge.

If you are not successful. If the judge decidesagainst you, therespondent will not beordered to pay youanything, and you won’tget the application feeback that you paid.

If the respondent hasissued a counterclaimagainst you and thejudge decides thecounterclaim in therespondent’s favourthen you will beordered to pay therespondent an amountof money as well as thefee they paid for issuingthe counterclaim. Youmay also be required topay other costs awardedby the judge. You andthe respondent willreceive a copy of thedecree in the post, afew days after thehearing. This will statethe order of the courtgiven by the judge.

The court’s decision


The

cour

t’sde

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on

The court does not paythe amount that isawarded, it only decideswho is liable.

AppealsFor proceedingscommenced on or after19 April 2004, any partymay appeal on aquestion of law to ajudge against any order.An appeal shall bebrought within 21 daysfrom the date on whichthe order was made.The judge is notrequired to conduct ahearing to determinethe appeal and hisdecision is final. Youmay wish to seek legal

advice in detailing thebasis of your appeal.


I hav

e be

ensu

cces

sful

If you have beensuccessful you will nowhave received a decree.

The decree will containthe order stating theamount of the claimthat the respondentshould pay to you andthe payment terms if astay of execution wasgranted.

What happens if therespondent does notcomply with the order?The respondent shouldpay you this amountwithin a reasonabletime, usually between14 and 28 days isconsidered acceptable.If they do not, you mayapply to have yourdecree enforcedthrough the

Enforcement ofJudgments Office (EJO).

Where the decreerequires the respondentto take any action, forexample, to repair orreplace goods and hefails to do so within thetime specified youshould advise the courtin writing and ask thatthe case be re-listedbefore the judge. Thecourt will notify you ofthe date for the hearingwhen you can explainthe position to thejudge.

If your decree does notcontain a stay ofexecution, then you mayapply to the EJO to haveyour decree enforced.

I have been successful, what happensnow?


I hav

e be

ensu

cces

sful

Separate forms,procedures and fees areused to enforce yourdecree. You can obtaininformation on the EJOvia the Court ServiceWebsite atwww.courtsni.gov.ukwhere you will findapplication forms,current fees charged bythe EJO, frequentlyasked questions, andother usefulinformation. You canalso email queries orquestions to the EJO [email protected]. Your query willbe passed to one of ourcustomer liaison officerswho will reply to you. Ifyou do not haveInternet or email access,you can contact the EJOat the address on P.10

or you can get aninformation leaflet fromany small claims court.Contact information isprovided on page 48.

If your decree doescontain a stay ofexecution you will needto sign a documentcontaining a statementof truth stating theamount that has beenpaid, if any, and theoutstanding balance.Once you do this youwill need to bring orsend it to the CivilProcessing Centre orcourt where youattended for hearingtogether with youroriginal decree. Youwill then be issued witha decree stating that thestay has been removed


I hav

e be

ensu

cces

sful

this will enable you toproceed to enforcement throughthe EJO.

Please note: A decree ororder made by the smallclaims court is a CCJ(County Court Judgment)and may affect arespondent’s creditstatus.


Who

can

I as

k fo

rad

vice

?

Who can I ask for advice?

Northern IrelandAssociation CitizensAdvice Bureaux11 Upper CrescentBelfast BT7 1NT

Phone: (028) 9023 1120Fax: (028) 9023 6522E-mail: [email protected]

Association ofIndependent AdviceCentres1 Rushfield AvenueBelfast BT7 3FP

Phone: (028) 9064 5919Fax: (028) 9049 2313E-mail: [email protected]

For information onregistered companiescontact:

Companies Registry1st Floor Waterfront Plaza8 Laganbank RoadBelfast BT1 3BS

Phone: 0845 604 88 88Fax: (028) 9090 5291E-mail:[email protected]

There are a number of voluntary organisations that can

help you with advice on issuing a small claim. You can

also speak to a solicitor but remember any costs you incur

in doing this will have to be met by yourself.


Add

ress

es o

f sm

all

clai

ms

cour

ts &

CPO

Antrim Court OfficeThe Courthouse30 Castle Way, AntrimBT41 4AQPhone: (028) 9446 2661Fax: (028) 9446 3301

Armagh Court OfficeThe Courthouse TheMall, Armagh BT61 9DJPhone: (028) 3752 2816Fax: (028) 3752 8194

Belfast County CourtOfficeLaganside Courts45 Oxford Street, Belfast BT1 3LLPhone: (028) 9032 6260Fax: (028) 9031 3771

Coleraine Court OfficeThe Courthouse46a Mountsandel Road,Coleraine BT52 1NYPhone: (028) 7034 3437Fax: (028) 7032 0156

Craigavon Court OfficeThe CourthouseCentral Way, CraigavonBT64 1APPhone: (028) 3834 1324Fax: (028) 3834 1243

Downpatrick CourtOfficeThe Courthouse21 English Street,Downpatrick BT30 6ABPhone: (028) 4461 4621Fax: (028) 4461 3969

Addresses of small claims courts andthe Civil Processing CentreThe staff in courts and the Civil Processing Centre can also

help you, but they are not allowed to give you advice on

whether or not you should issue a claim, they will only help

in completing forms or explaining the procedure to you.


Add

ress

es o

f sm

all

clai

ms

cour

ts &

CPOEnniskillen Court Office

The Courthouse17 East Bridge Street,Enniskillen BT74 7BWPhone: (028) 6632 2356Fax: (028) 6632 3636

Lisburn Court OfficeRailway StreetLisburn BT28 1XRPhone: (028) 9267 5336Fax: (028) 9260 4107

Londonderry CourtOfficeThe CourthouseBishop Street,Londonderry BT48 6PQPhone: (028) 7136 3448Fax: (028) 7137 2059

Newry Court OfficeThe Courthouse23 New Street, NewryBT35 6JDPhone: (028) 3025 2040Fax: (028) 3026 9830

Newtownards CourtOfficeThe CourthouseRegent Street,NewtownardsBT23 4LPPhone: (028) 9181 4343Fax: (028) 9181 8024

Small Claims CivilProcessing CentrePO Box 882Royal Courts of JusticeBelfastBT1 3JFPhone: (028) 9072 4566or (028) 9072 4563Fax: (028) 9072 5956

Email: [email protected]

http://www.courtsni.gov.uk

mailto:[email protected]


List

of

Term

s

Acceptance of LiabilityThis is when therespondent admitsliability for the claim.The respondentcompletes a formadmitting the claim tothe applicant. It may ormay not include arequest to allow timeto pay the amountclaimed.

Appeal A proceeding broughtto a higher court forreview of a lower courtdecision.

ApplicantThe person making aclaim.

ApplicationThe form the applicantuses to begin the case.

Assessment HearingThis is a hearing atwhich the judge willdecide on the amountof the claim.

CounterclaimA claim made by therespondent in reply tothe applicant’s claim

List of terms

Throughout this booklet, in court forms and if you attend

court for a hearing there may be unfamiliar terms used.

To help you we have listed below some of the most

common of these together with an explanation.


List

of

Term

s

which is not a defenceto that claim. It is aseparate but relatedclaim against theapplicant, which is dealtwith at the same time asthe applicant’s claim.

DecreeWritten order made in asmall claim.

FeeThis is the amount ofmoney paid by theapplicant to start thesmall claims process orthe amount paid by therespondent to issue acounterclaim. Thesuccessful party canusually add the fee paidto the amount of thedecree.

Liquidated ClaimOne which has a fixedamount of moneyattached to it, forexample, a debt forgoods supplied or for aloan. The CivilProcessing Centre will

decide if your claim isliquidated.

Notice of DisputeThis is a form completedby the respondent whendisputing responsibilityfor the claim.

PartyThis can mean either theapplicant or therespondent.


List

of

Term

s

RespondentThe person againstwhom the claim ismade.

Return DateThis is the date by whicha respondent musteither submit a formaccepting liability or anotice of dispute and /or counterclaim. It willbe clearly marked onthe application form bythe Central ProcessingOffice.

Small Claims Civil Processing CentreThe office where theapplication for a smallclaim is processed.

Small Claims CourtA court which dealswith small claims.

Statement of TruthThis is the declarationthat the contents of thedocument are true.Proceedings forcontempt of court maybe brought against aperson who makes, orcauses to be made, afalse statement in adocument verified by astatement of truthwithout an honest beliefin its truth.


List

of

Term

s

Stay of ExecutionThis is the term used todescribe a decree that ismade allowing therespondent time to paythe amount of theclaim.

Unliquidated ClaimOne which has anestimated amount ofmoney attached to it,for example, fordamage caused toproperty, for repairs fordamage caused or forfaulty workmanship.The Civil ProcessingCentre will decide if your

claim is unliquidated.


Cou

rts’

Cha

rter

When you come tocourt, you can expect:• the court building to

be open by 9.00am;• the offices to be open

to the public normally from 9.30am to 1.00pm and from 2.00pm to 4.30pm;

• polite and helpful staff; and

• clear signs.

When you go to apublic counter, we will:• respect your privacy

and discuss any confidential business in private; and

• see you within 10 minutes and if you have to wait longer, a member of staff will explain why.

When you phone acourt office, you canexpect:• your call to be

answered within 30 seconds;

• to be given the name of the court official; and

• the court official to be clear and helpful.

When you write to thecourt, we will:• acknowledge receipt

of your letter and send you a reply within 15 working days; and

• give the name of a court official and contact telephone number.

Courts’ Charter


Cou

rts’

Cha

rter

Helping us improve ourserviceWe want to know howyou think we have doneand your suggestions onhow we might improve.There are commentcards in the main hall ofeach building.

Disabled court usersThe Customer ServiceOfficer or any othermember of Court Servicestaff will be able to giveyou information aboutthe facilities that areavailable for disabledpeople. A separateleaflet ‘Customers withDisabilities’ is alsoavailable. To obtain acopy of this leaflet ask a

member of Court Servicestaff or contact theInformation Centre atthe address on the backof this publication.

Other informationThere are copies ofother Courts’ Charterleaflets on our work inevery building. If youneed more informationabout our work, you cancontact the InformationCentre at the address onthe back of thispublication.

ComplaintsThe Northern IrelandCourt Service respectsthe views of all courtusers. A separate leaflet


Cou

rts’

Cha

rter

‘Making a complaintabout the NorthernIreland Court Service’provides information onhow to make acomplaint. To obtain acopy of this leaflet ask amember of Court Servicestaff or contact theaddress on the back ofthis publication.

If you ask, we willgive you theappropriate forms andshow you how to fillthem in.We cannot give youlegal advice or tell youwhat to say.

Addresses of small claims courts and theCentral Processing Office

48

List of terms50

Courts’ Charter54

I have been successful, what happens now? 44

Who can I ask for advice? 47

The court’s decision 42

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Off

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Wha

t is

a s

mal

lcl

aim

What is a small claim ?

There are a number of things, which will help you to

decide if your claim is a “small claim” and can be dealt

with by the small claims process.

In general a small claimis one where the valueof the claim is not morethan £2000

Examples of claims youcan make are:

• Claims for debts;• Claims for faulty

goods;• Claims for

unsatisfactory workmanship; or

• Claims for damage to your property.

Excluded ClaimsThere are cases, whichmay seem to fall into thesmall claims category butwhich are excluded.Listed below are some ofthe most common typesof claims that cannot bemade using the smallclaims process:

• Claims for personal injuries;

• Claims in relation to a road traffic accident;

• Claims for libel or slander;

• Claims concerning the title to land;

For

Off

ice

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yC

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uida

ted/

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iqui

date

d

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e of

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appl

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form

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ule

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AL

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pond

ent:

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nam

e an

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stal

add

ress

, pos

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ll na

me

and

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mai

l add

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oan

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ourt

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t of

Tru

th

I be

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that

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fact

s st

ated

in th

is f

orm

are

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.

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e__

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n Jo

nes_

____

____

_ Po

sitio

n or

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Hel

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oans

Man

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beh

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pany

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gned

:__

____

____

____

____

____

Dat

e:__

1 N

ovem

ber

2004

____

__

For further information on the work of theNorthern Ireland Court Service please contact

Northern Ireland Court ServiceInformation CentreWindsor HouseBedford StreetBelfast BT2 7LT

Telephone 028 9032 8594Facsimile 028 9041 2390Textphone 028 9041 2920Email [email protected]

April 2005

Legal Advice Small Claims

Economy & Finance

Transcript of Legal Advice Small Claims