1. A guide to the small claims process
Small Claims Guide
serving
the community
through the
administration
of justice
Northern Ireland Court Service
www.courtsni.gov.uk
2. We can provide this booklet in a wide range
of alternative formats - please contact the
Information Centre at
Northern Ireland Court Service
Information Centre
Windsor House
9-15 Bedford Street
Belfast BT2 7LT
Telephone 028 9032 8594
Facsimile 028 9041 2390
Textphone 028 9041 2920
Email informationcentre@courtsni.gov.uk
www.courtsni.gov.uk
3. What you will find in this booklet
serving
the community
through the
administration
of justice
3 Introduction
4 What is a small claim?
How do I decide if I should
6
issue a small claim?
11 How do I start?
Completing the application
15
form
23 What happens next?
28 What happens if my claim is settled or admitted?
What happens if my claim is disputed
31
and / or a counterclaim is issued?
33 What happens if the respondent does not reply?
38 What happens if I have to go to court?
40 Procedures during a hearing
4. 42 The court’s decision
44 I have been successful, what happens now?
47 Who can I ask for advice?
Addresses of small claims courts and the
48
Civil Processing Centre
50 List of terms
54 Courts’ Charter
5. Introduction
This booklet is designed to explain how the small claims
process works and to help you decide whether or not to
Introduction
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 allow proceedings you are.
certain types of claims to However as a general
be decided informally by guide you should read
the county court, usually this booklet completely
without the need for a before you begin
solicitor or barrister. Not proceedings.
all claims will result in a
court hearing. A list explaining the
meaning of terms used
The booklet has been in the booklet is
divided up into the contained at the back of
sections listed on page 1 the book for your
to help you find the information.
information you require
at whatever stage of the
www.courtsni.gov.uk page 3
6. What is a small claim?
There are a number of things, which will help you to
What is a small
decide if your claim is a “small claim” and can be dealt
claim?
with by the small claims process.
Excluded Claims
In general a small claim
There are cases, which
is one where the value
may seem to fall into the
of the claim is not more
small claims category but
than £2000
which are excluded.
Listed below are some of
Examples of claims you
the most common types
can make are:
of claims that cannot be
made using the small
• Claims for debts;
claims process:
• Claims for faulty
goods;
• Claims for personal
• Claims for
injuries;
unsatisfactory
• Claims in relation to a
workmanship; or
road traffic accident;
• Claims for damage to
• Claims for libel or
your property.
slander;
• Claims concerning the
title to land;
Small Claims Guide page 4
7. • Claims where the
Staff in the Office can
What is a small
matter has been sent
help you by explaining
by the High Court to
claim?
the small claims process
the county court;
to you but cannot give
• Claims involving a
you legal advice.
legacy or annuity; or
• Claims in relation to
the property of a
marriage.
There may be other
instances when a small
claim cannot be used or
where an application
may only be made with
the judge’s permission. If
you need further
information on excluded
claims you can speak to
a solicitor, the voluntary
consumer advice
agencies or the staff in
the Small Claims Central
Processing Office.
www.courtsni.gov.uk page 5
8. How do I decide if I should issue a
small claim?
The first thing you must do is to decide if issuing a small
Should I issue a
small claim?
claim is the best way for you to proceed. There are a
number of points you should consider.
Have you tried to settle keep a copy of your
your claim with the letter and allow them a
respondent directly? week or so to reply. An
example is given
You may wish to try to opposite, however this is
settle your claim directly for guidance only and
with the respondent by you will want to write
writing to them your own letter stating
outlining your claim. If the facts of your case.
you do this you should
Small Claims Guide page 6
9. 1 New Street
Should I issue a
Anytown
small claim?
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
www.courtsni.gov.uk page 7
10. If you do not receive a advising that you intend
Should I issue a
reply or if the reply you to start legal
small claim?
get is not satisfactory it proceedings if your
would be reasonable for claim is not settled
you to write again satisfactorily.
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
Small Claims Guide page 8
11. If you still do not
The court does not pay
Should I issue a
receive a satisfactory
small claim?
the amount that is
response you may wish
awarded, it only decides
to consider issuing a
who is liable.
small claim.
If you are successful in
The Enforcement of
your claim will you be
Judgments Office (EJO),
able to recover the
is part of the Northern
money?
Ireland Court Service
and will help you to
This is perhaps the most
recover the amount
important question you
claimed by enforcing
should ask before
any decree that you are
deciding to proceed
granted. They have a
with a small claim. Even
separate procedure and
if you succeed in your
you will need to contact
claim, if the respondent
them for further
has no money to pay
information about their
the amount of the claim
fees and forms.
you may not get your
money.
www.courtsni.gov.uk page 9
12. Before you begin a The Enforcement of
Should I issue a
small claim you should Judgments Office
small claim?
know that the EJO can 7th Floor
make a search against a Bedford House
possible debtor for a 16-22 Bedford Street
small fee. This will Belfast
show whether the BT2 7DS
respondent already Phone: (028) 9024 5081
owes any money to Fax: (028) 9031 3520
other people. You can
then use this
information to help you
decide whether or not
to issue your small
claim. You can contact
the EJO at:
Small Claims Guide page 10
13. How do I start?
Having considered the previous section you will be able to
How do I start?
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.
Where can you get an and address(es) are as
application form? accurate as possible.
Examples of completed
You can get an forms are given later in
application form from this booklet together
your nearest: with guidance on how
to complete your form.
• Court office;
• Citizens Advice You can issue your small
Bureau; claim for the small
• Trading Standards claims court in the
Office; or county court division
• Local advice centre. where either you or the
respondent live or carry
You should fill in an on business – it is your
application form, choice. If you are in
making sure that the doubt about which
respondent’s name(s) court to issue your
Small Claims can now be lodged on-line at www.courtsni.gov.uk
www.courtsni.gov.uk page 11
14. application form for and one for each
How do I start?
then contact the court respondent), to the
staff and they will be Civil Processing
able to help you. Centre with the
appropriate fee. The
If the respondent lives address is at the back of
outside Northern Ireland this booklet. You can
you can still issue a small get copies of the current
claim against them fees from court offices.
using the process and You should make
forms described in this cheques or postal
booklet. There is more orders payable to “The
information on this later Northern Ireland Court
in the booklet when we
Service”. You can
deal with completing
also pay the fee by most
the forms.
debit or credit cards at
any court office.
You must not send the
application form directly
What type of proof do
to the respondent. Your
you have, for example:
completed form should
invoices, receipts,
be brought or sent, with
written agreements or
copies (one for yourself
other documents?
Small Claims Guide page 12
15. You may have their evidence should be
How do I start?
documents which given in the form of a
support your claim and written report unless
which you intend to use the judge directs
to prove your case. You otherwise. If a written
must submit copies of report is to be used then
these with your this must be lodged in
application form to the the court office 14 days
Civil Processing before any court
Centre. hearing. The court will
then serve this report on
Any party may, if they the other party and may
wish, use an expert set a new hearing date.
witness to support their
case, for example, if the At any time before
claim was for bad deciding on the case the
workmanship in fitting judge may ask for an
windows a party may expert to be consulted.
consult another firm to
give their opinion on
the work carried out.
Either party may consult
expert witnesses and
www.courtsni.gov.uk page 13
16. Do you have any hearing. The process
How do I start?
witnesses who will involved in this is
support your claim? explained later in this
booklet.
You may not need to go
to court to settle your It is important that you
claim but if you do and remember that you will
you have witnesses who have to pay any witness
will support your claim expenses, for example,
you should try to travelling expenses.
arrange for them to They cannot be added
come to court to the amount of your
voluntarily. claim.
If they will not agree to
come to court you can
contact the Civil
Processing Centre or
court and ask to issue a
witness summons
requiring their
attendance at the court
Small Claims Guide page 14
17. Completing the application form
It is important to give all the necessary information. This
application form
Completing the
will assist in processing your claim and will make it easier
to enforce a decree if one is granted.
telephone number to
When completing the
assist the Civil
small claim application
Processing Centre in
form you will notice
contacting you.
there are five main
areas (see the examples
It is important to make
at the back of this
sure that the correct
booklet).
person is making the
claim, for example, the
person to whom the
Applicant
debt is owed, the
person who bought the
This section is for your
faulty goods, or the
personal details. Here
person who ordered the
you should enter your
work to be carried out
name and address
should be the one to
including postcode and
make the claim.
your e-mail address if
Likewise the person
applicable. You may
whose property has
also wish to give your
been damaged or who
www.courtsni.gov.uk page 15
18. leased the premises enter his or her full
application form
Completing the
should be the one forenames and surname
making the claim. and home address
(including the postcode
Respondent and e-mail address if
applicable).
This section is for the
details of the person, If the respondent is a
firm or company against limited or public liability
whom you are making company (Ltd or plc)
the claim. It is you should enter the
important that you full name of the
ensure that the company, including ‘Ltd’
information you give in or ‘plc’, as the
this section is accurate. respondent, rather than
You should check that a named employee. The
the name and address full postal address of
you have for the the company’s
respondent is correct registered office should
before you begin your be entered. A company
small claim. registered outside
Northern Ireland may
If the respondent is an have an address to
individual you should which documents may
Small Claims Guide page 16
19. be sent in Northern the firm. For example
application form
Completing the
Ireland. These addresses ‘Smith & Son sued as a
can be obtained from firm’.
the Companies Registry.
The address and When claiming against a
telephone number of respondent who trades
the Companies Registry in a name other than his
can be found on page or her own you should
47. enter the name of the
respondent followed by
When claiming against a the words ‘trading as’
business or a firm other and the full postal
than a plc or Ltd address of the
company, you may respondent. For
either enter the name(s) example, ‘Joe Soap
and full postal trading as A1 Furniture’
address(es) of the or ‘Smith & Jones Ltd
owner(s) of the firm or, trading as Smith Ices’.
alternatively, enter the
name of the firm
followed by the words
‘sued as a firm’ and the
full postal address of
www.courtsni.gov.uk page 17
20. Respondents who reside statement. If necessary,
application form
Completing the
outside Northern you must pay the cost of
Ireland translating any
It is possible for a small documents relevant to
claim to be sent to a the application. The
respondent outside Office then attempts to
Northern Ireland. The serve the papers by post
service procedures and or by personal service
method of enforcement depending on where
of any decree awarded the respondent resides /
are unique to each carries on business. If
country. You may wish service by a process
to contact the Civil server is required, you
Processing Centre for may be required to pay
advice. further fees.
You (the applicant) must
sign a statement that
you have not issued any
other application in
relation to this claim.
The Office can provide
an example of this
Small Claims Guide page 18
21. The amount of the claim The particulars of the
application form
Completing the
claim
This must not exceed
£2000 unless you clearly In this section you
state on the form that should set out the facts
you intend to “abandon of your case clearly and
the excess” – this means simply. For example:
that you agree to limit • When did the claim
your claim to £2000 arise?
even though the • What goods /
amount of the claim is services were
over that. Even if you provided?
are unsure of the • When did you buy
amount you wish to the goods / services /
claim you must estimate have your property
a figure and insert it on damaged?
the form. • What went wrong?
If you need more space
than that given on the
form you should
continue on a separate
page.
www.courtsni.gov.uk page 19
22. Interest If you are claiming
application form
Completing the
Not every case will have interest you must state
a claim for interest but this clearly on the
if you do wish to claim application form and
interest you must you should enter the
include this on your amount, rate and period
application form. of the claim for interest.
Interest is an amount The £2000 limit applies
added to the claim from only to the claim and
the date the claim arose the inclusion of interest
and can be claimed until or the court fee may
the date of the decree. take the claim over the
At present the £2000 limit.
applicable court rate is
8% per year but you
may wish to check this
before you issue your
claim. This rate can be
used unless the claim
arises from a contract
which specifies an
alternative rate.
Small Claims Guide page 20
23. Example 8% of £1000 = £80
application form
Completing the
Set out below is a which is the interest for
simple example of how 1 year on this claim
to calculate the amount
of interest: £80 ÷ 365 = £0.21 which
is the daily rate of
Amount of claim interest on this claim
£1000
£0.21 X 115 = £24.15
Interest rate per year which is the interest on
(365 days) 8% this claim from 1.4.04
to 24.7.04.
Interest claimed from
1.4.04 when the money Statement of Truth
became owing until the
date the claim is issued Once you have
24.7.04 inclusive 115 days completed your
application form you
To work out the interest must print, then sign
you will need to carry your name and enter
out the following the date at the
calculation: appropriate place.
www.courtsni.gov.uk page 21
24. application form
Completing the
You should be aware
that anyone signing this
statement of truth must
believe that the facts
stated in the form are
true.
If you sign this form
knowing that part or
parts of it are untrue
then you may be held in
contempt of court and
may face a fine or
imprisonment.
Small Claims Guide page 22
25. What happens next?
Once you have lodged your application form in the
What happens
Civil Processing Centre a number of things will happen.
next?
Step 1 this is given later in this
Staff will check that the booklet.
fee you have sent is
A liquidated claim is
correct and that the
one which has a fixed
form contains all the
amount of money
relevant information. If
attached to it, for
there are any difficulties
example, a loan, goods
with the form they will
not paid for etc.
return it to you setting
out the amendments or
An unliquidated claim is
further details required.
one where the amount
They will then decide if
you are claiming is an
your claim is a estimation of the
liquidated or amount due, for
unliquidated amount. example, damage to
This decision will property, faulty
determine the workmanship, faulty
procedure followed for goods you have used or
had in your possession
your claim and a more
for a time.
detailed explanation of
www.courtsni.gov.uk page 23
26. Step 2 “Applicants Information
What happens
The staff in the Office Pack” which gives you
will then send the information and
next?
respondent a copy of guidance on applying
the application form for a decree if the
with the return date respondent fails to reply
marked on it. They will by the return date.
also send the
respondent a You should read all of
“Respondents the documents sent to
Information Pack” you by the Office
which gives them carefully before
information and submitting any forms
guidance on the for a decree.
procedures to be
followed.
The Office will at the
same time send you a
copy of the application
form with the return
date marked on it. They
will also send you an
Small Claims Guide page 24
27. Step 3 The next step will be
What happens
At this stage there are determined by what the
various choices available respondent chooses to
next?
to the respondent: do and a number of
other factors. You may
• They can settle the wish to consult the
claim directly with overview diagram on
you; the next page to give
• They can admit you an idea of the route
liability for the which your claim may
claim; follow.
• They can dispute
liability for the
claim;
• They can
counterclaim; or
• They might ignore
the claim.
www.courtsni.gov.uk page 25
28. Overview Diagram of the Small Clai
Application received by C
Overview Diagram
Civil Processing Centre identifie
Copy application sent to respondent
with respondents information pack
After return da
Liquidated Claims
Notice of dispute Acceptance of liability No reply from
and / or counterclaim received respondent
received
Applicant complet
List case for
for a D
Court hearing
Court decision Applicant declaration
Decree issues
Accept terms Refuse terms
Decree (with Stay) Court determines rate
Decree (with Stay)
Please note: Settlement of Claim can occ
Small Claims Guide page 26
29. im Process (Application to Decree)
ivil Processing Centre
Overview Diagram
es return date and type of claim
Copy also sent to applicant
with applicants information pack
te has passed
Unliquidated Claims
No reply from Acceptance of liability Notice of dispute
respondent received and / or counterclaim
received
tes an application Applicant declaration
ecree
Accept terms Refuse terms Court hearing
Decree (with Stay) Court determines rate Court decision
Assessment decree Decree (with Stay)
issues
Court determines
Assessment hearing amount of decree
ur at any time throughout the process
www.courtsni.gov.uk page 27
30. What happens if my claim is settled
or admitted?
My claim is settled lodge an “Acceptance of
Claim is settled
or admitted?
If you settle the claim Liability” form with the
with the respondent Civil Processing
and want to withdraw Centre before the return
the application, you
date. They may ask for
should inform the
time to pay the amount
Civil Processing
due. The Office will
Centre immediately in send you a copy of this
writing. form together with a
“Declaration following
The settlement should receipt of Notice of
include the court fee. If Acceptance of Liability”
the respondent is form.
unwilling to pay the fee
and you want it back, You should choose one
you can continue with option, either:
your application to
recover this. • Accept the terms
proposed - in which
My claim is admitted case the Office will
If the respondent issue a decree with a
accepts responsibility for stay of execution; or
your claim they should
Small Claims Guide page 28
31. • Ask for the matter of execution on them so
Claim is settled
or admitted?
to be considered by you should read yours
the judge to carefully when you
determine the receive it. An example
reasonable of the wording of this is
weekly / monthly given below:
amount to be paid
by the respondent. A stay of execution is
granted provided the
and return the form to respondent pays to the
the Civil Processing applicant the sum of
Centre. £50 per month
commencing on the
Stay of Execution 1st November 2004.
If the respondent has
asked for time to pay You should remember
the amount due to you, that it is in your interest
and this has been that you recover any
granted by the chief amount owed to you.
clerk or the judge, the This may be best
terms will be clearly achieved by allowing
stated on the decree the respondent time to
you receive. Not all pay the amount.
decrees will have a stay
www.courtsni.gov.uk page 29
32. Should the respondent The staff in the Civil
Claim is settled
or admitted?
fail to comply with the Processing Centre will be
terms of the stay of able to help you with
execution and you wish this should it apply to
to enforce your decree your decree. There is also
through the Enforcement further information
of Judgments Office you about this later in the
will need to apply to the booklet.
chief clerk to remove the
stay of execution. This is
done by signing a
document containing a
statement of truth
declaring that the
respondent has failed to
comply with the terms of
the stay and stating the
amount now due to you.
Small Claims Guide page 30
33. What happens if my claim is disputed
and / or a counterclaim is issued?
If the respondent ‘Notice of Hearing’
counterclaim issued
which will inform you of
returns a ‘Notice of
Disputed or
the date, time and place
Dispute and / or
of the court hearing. If
Counterclaim’ to the
you have difficulty in
Civil Processing
attending court on the
Centre at any time then
date given you should
your case will be listed
contact the court office
before the judge for a
immediately and explain
court hearing. The
the situation to them.
respondent may also
They may be able to
apply to bring in further
offer an alternative
parties to the small
date.
claim if they wish. You
will be informed of this
You must attend the
if it happens in your
court hearing if your
case. claim is disputed and /
or a counterclaim is
You will be sent a copy issued. You should also
of this notice received bring with you any
from the respondent witnesses, original
that will outline the documents,
details of the dispute photographs etc. that
and / or counterclaim. you intend to use to
You will also receive a support your claim.
www.courtsni.gov.uk page 31
34. If it is possible you
counterclaim issued
should also bring the
Disputed or
damaged goods with
you, for example, if your
claim is for damage to
clothes while being
dry-cleaned you should
bring the clothes with
you.
Small Claims Guide page 32
35. What happens if the respondent does
not reply?
A respondent does
If the respondent does not lodge a reply to the
application by the return date then you are entitled to
not reply
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.
Liquidated Civil Processing
If the Civil Processing Centre, where it will be
Centre has assigned your checked. Your
claim as liquidated then application will then be
you should follow the put before the chief
instructions in your clerk. If everything is
information pack and satisfactory a decree will
apply for a decree. You be sent to you. A copy
will have to complete of the decree will also
the application form be sent to the
stating the amount that respondent.
is then due.
You should bring or
send this form to the
www.courtsni.gov.uk page 33
36. Unliquidated
A respondent does
stating that the amount
If the Civil Processing
of the claim is to be
not reply
Centre has assigned your assessed by the judge
claim as unliquidated will be sent to you. A
then you should follow copy of the decree will
the instructions in your also be sent to the
information pack and respondent. The court
apply for a decree. This office will send both
will mean completing parties a ‘Notice of
the application form Hearing’ stating the
stating that the amount date, time and place of
is to be assessed by the the assessment hearing.
district judge. Information about what
will happen at an
You should bring or assessment hearing is
send this form to the provided later in this
Civil Processing booklet.
Centre where it will be
checked. Your
application will then be
put before the chief
clerk. If everything is
satisfactory a decree
Small Claims Guide page 34
37. Exclusions Civil Processing
A respondent does
An application for a Centre. A court hearing
not reply
decree using the forms date will be allocated
in the information pack and the judge will
cannot be issued in the decide the case. There
following cases: may be other
circumstances when an
• Where the applicant application for a decree
is a minor (under 18 must be approved by
years of age); or the judge. The Office or
• Where the applicant court will advise you if
is a patient (a person this applies to your case.
who has been
certified as mentally If the respondent
incapable of contacts the Civil
managing their own Processing Centre or
financial affairs).
court, after any decree
has issued, stating that
If either of these
they did not receive the
apply to the
application or did not
respondent in your case
receive it in sufficient
you must advise the
time to reply, or for any
www.courtsni.gov.uk page 35
38. other reason they did The parties will be
A respondent does
not reply in time then notified by the court
not reply
they will be advised to of any order made
issue an application by the judge; or
asking that the decree
be set aside. You will • Fix a date for
be sent a copy of the hearing this
application and will be application to set
invited to reply in aside the decree.
writing to it within 14 The parties will be
days. The judge may notified of this date
either: and invited to
attend. The court
• Decide that there is will also send to the
a valid reason for parties a copy of any
the failure to reply order the judge
and may set the makes after dealing
decree aside without with an application
a court hearing and of this type.
may give a
direction on how the
case is to proceed.
Small Claims Guide page 36
39. Likewise if the
A respondent does
If the decree is set aside
respondents
not reply
you must return to the
documentation is
court the decree that
returned to the Civil
was issued. The court
Processing Centre by the
staff will advise you on
post office, and it is
the next step to be
clear that the
taken, for example,
respondent was not
providing a new
aware of the claim
address, attending a
being made, then the
hearing etc.
Office will ask the judge
to revoke any decree
that has been made and
will contact you to
supply additional
information, for
example, a new address
for the respondent.
www.courtsni.gov.uk page 37
40. What happens if I have to go to court?
All court hearings will be informal although you may be
have to go to court?
What happens if I
asked to take a religious oath or affirm before giving the
facts of your case.
The small claims process What should I do if a
is designed so that you witness does not agree
do not need a solicitor to come to court?
For a small fee the
or barrister to represent
you. If you do choose Civil Processing
to engage one, and Centre or court can give
even if you win your you a witness summons,
case, you will be which requires a witness
responsible for paying to come to the hearing.
their cost as these You can deliver this
cannot be added to summons to the witness
your claim. yourself or have it
delivered by a process
As mentioned before server or by your
you may have witnesses solicitor. With a witness
present at the court summons you should
hearing and you should give the witness a sum
try to arrange for them of money - either £12.15
to attend voluntarily. for a police officer or
Small Claims Guide page 38
41. £17.12 for a civilian
have to go to court?
What happens if I
together with a
reasonable sum to cover
their travelling
expenses. Even if you
win your case, you may
not be able to recover
these fees and
expenses from the
respondent.
The amounts
mentioned here may
change and you should
check with the staff in
the Civil Processing
Centre.
www.courtsni.gov.uk page 39
42. Procedures during a hearing
If your claim has are any. You can
Procedures during
been disputed and / or prepare for this by
a hearing
a counterclaim has been studying the
issued. respondent’s reply on
The judge will explain the notice of dispute
how your case is to be (and counterclaim, if
heard – this may vary relevant) and by
from one court to preparing questions in
another. Both sides will advance. You may take
be asked to tell their notes of what the
version of the facts of respondent and his or
the case and both will her witnesses say to
be questioned directly. assist you in challenging
Remember that the anything with which
judge will make a you do not agree. The
decision based on the respondent will also be
facts. given the opportunity to
question you and your
You will get an witnesses.
opportunity to put
questions to the When all the parties and
respondent and to his or witnesses have been
her witnesses if there heard the judge will
Small Claims Guide page 40
43. usually make a decision assessment hearing. You
Procedures during
there and then. But should attend the
a hearing
before making a hearing to help the
decision the judge may judge assess the amount
wish to inspect, or of your claim. The
obtain an expert report respondent may or may
on, the property or item not attend. If the
in question. respondent intends to
appear at the
assessment hearing they
If your claim has to must notify the court
be assessed. and the other parties of
You will need to attend this in writing.
court if your claim has
been assigned as If your claim is for an
unliquidated and the unliquidated amount
judge is required to and disputed and / or a
assess the amount of counterclaim has been
your claim. This is called issued then the judge
an assessment hearing. will deal with these
The court will inform matters together at the
you and the respondent hearing.
of the date of the
www.courtsni.gov.uk page 41
44. The court’s decision
If your claim is If the respondent has
successful. issued a counterclaim
The court’s
decision
The respondent will against you and the
have to pay you the judge decides the
amount decided by the counterclaim in the
judge, the application respondent’s favour
fee and any other costs then you will be
awarded by the judge. ordered to pay the
You and the respondent respondent an amount
will receive a copy of of money as well as the
the decree in the post, a fee they paid for issuing
few days after the the counterclaim. You
hearing. This will state may also be required to
the amount of money pay other costs awarded
awarded by the judge. by the judge. You and
the respondent will
If you are not successful. receive a copy of the
If the judge decides decree in the post, a
against you, the few days after the
respondent will not be hearing. This will state
ordered to pay you the order of the court
anything, and you won’t given by the judge.
get the application fee
back that you paid.
Small Claims Guide page 42
45. advice in detailing the
The court does not pay
basis of your appeal.
The court’s
the amount that is
decision
awarded, it only decides
who is liable.
Appeals
For proceedings
commenced on or after
19 April 2004, any party
may appeal on a
question of law to a
judge against any order.
An appeal shall be
brought within 21 days
from the date on which
the order was made.
The judge is not
required to conduct a
hearing to determine
the appeal and his
decision is final. You
may wish to seek legal
www.courtsni.gov.uk page 43
46. I have been successful, what happens
now?
If you have been Enforcement of
successful you will now Judgments Office (EJO).
I have been
successful
have received a decree.
Where the decree
The decree will contain requires the respondent
the order stating the to take any action, for
amount of the claim example, to repair or
that the respondent replace goods and he
should pay to you and fails to do so within the
the payment terms if a time specified you
stay of execution was should advise the court
granted. in writing and ask that
the case be re-listed
What happens if the before the judge. The
respondent does not court will notify you of
comply with the order? the date for the hearing
The respondent should when you can explain
pay you this amount the position to the
within a reasonable judge.
time, usually between
14 and 28 days is If your decree does not
considered acceptable. contain a stay of
If they do not, you may execution, then you may
apply to have your apply to the EJO to have
decree enforced your decree enforced.
through the
Small Claims Guide page 44
47. Separate forms, or you can get an
procedures and fees are information leaflet from
I have been
successful
used to enforce your any small claims court.
decree. You can obtain Contact information is
information on the EJO provided on page 48.
via the Court Service
Website at If your decree does
www.courtsni.gov.uk contain a stay of
where you will find execution you will need
application forms, to sign a document
current fees charged by containing a statement
the EJO, frequently of truth stating the
asked questions, and amount that has been
other useful paid, if any, and the
information. You can outstanding balance.
also email queries or Once you do this you
questions to the EJO at will need to bring or
PostRoomEJO@courtsni. send it to the Civil
gov.uk. Your query will Processing Centre or
be passed to one of our court where you
customer liaison officers attended for hearing
who will reply to you. If together with your
you do not have original decree. You
Internet or email access, will then be issued with
you can contact the EJO a decree stating that the
at the address on P.10 stay has been removed
www.courtsni.gov.uk page 45
48. this will enable you to
I have been
proceed to
successful
enforcement through
the EJO.
Please note: A decree or
order made by the small
claims court is a CCJ
(County Court Judgment)
and may affect a
respondent’s credit
status.
Small Claims Guide page 46
49. Who can I ask for advice?
There are a number of voluntary organisations that can
Who can I ask for
help you with advice on issuing a small claim. You can
advice?
also speak to a solicitor but remember any costs you incur
in doing this will have to be met by yourself.
Northern Ireland For information on
Association Citizens registered companies
Advice Bureaux contact:
11 Upper Crescent
Belfast BT7 1NT Companies Registry
1st Floor
Phone: (028) 9023 1120 Waterfront Plaza
Fax: (028) 9023 6522 8 Laganbank Road
E-mail: info@niacab.org Belfast BT1 3BS
Phone: 0845 604 88 88
Association of Fax: (028) 9090 5291
Independent Advice E-mail:
Centres info.companiesregistry@
1 Rushfield Avenue detini.gov.uk
Belfast BT7 3FP
Phone: (028) 9064 5919
Fax: (028) 9049 2313
E-mail: info@aiac.net
www.courtsni.gov.uk page 47
50. Addresses of small claims courts and
the Civil Processing Centre
claims courts & CPO
Addresses of small
The 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.
Antrim Court Office Coleraine Court Office
The Courthouse The Courthouse
30 Castle Way, Antrim 46a Mountsandel Road,
BT41 4AQ Coleraine BT52 1NY
Phone: (028) 9446 2661 Phone: (028) 7034 3437
Fax: (028) 9446 3301 Fax: (028) 7032 0156
Armagh Court Office Craigavon Court Office
The Courthouse The The Courthouse
Mall, Armagh BT61 9DJ Central Way, Craigavon
Phone: (028) 3752 2816 BT64 1AP
Fax: (028) 3752 8194 Phone: (028) 3834 1324
Fax: (028) 3834 1243
Belfast County Court
Office Downpatrick Court
Laganside Courts Office
45 Oxford Street, The Courthouse
Belfast BT1 3LL 21 English Street,
Phone: (028) 9032 6260 Downpatrick BT30 6AB
Fax: (028) 9031 3771 Phone: (028) 4461 4621
Fax: (028) 4461 3969
Small Claims Guide page 48
51. Enniskillen Court Office Newry Court Office
claims courts & CPO
Addresses of small
The Courthouse The Courthouse
17 East Bridge Street, 23 New Street, Newry
Enniskillen BT35 6JD
BT74 7BW Phone: (028) 3025 2040
Phone: (028) 6632 2356 Fax: (028) 3026 9830
Fax: (028) 6632 3636
Newtownards Court
Office
Lisburn Court Office
The Courthouse
Railway Street
Regent Street,
Lisburn
Newtownards
BT28 1XR
BT23 4LP
Phone: (028) 9267 5336
Phone: (028) 9181 4343
Fax: (028) 9260 4107
Fax: (028) 9181 8024
Londonderry Court
Small Claims Civil
Office
Processing Centre
The Courthouse
PO Box 882
Bishop Street,
Royal Courts of Justice
Londonderry
Belfast
BT48 6PQ
Phone: (028) 7136 3448 BT1 3JF
Fax: (028) 7137 2059 Phone: (028) 9072 4566
or (028) 9072 4563
Fax: (028) 9072 5956
Email: civilprocessingcentre@courtsni.gov.uk
www.courtsni.gov.uk page 49
52. List of terms
Throughout this booklet, in court forms and if you attend
court for a hearing there may be unfamiliar terms used.
List of Terms
To help you we have listed below some of the most
common of these together with an explanation.
Acceptance of Liability Applicant
This is when the The person making a
respondent admits claim.
liability for the claim.
The respondent Application
completes a form The form the applicant
admitting the claim to uses to begin the case.
the applicant. It may or
may not include a Assessment Hearing
request to allow time This is a hearing at
to pay the amount which the judge will
claimed. decide on the amount
of the claim.
Appeal
A proceeding brought Counterclaim
to a higher court for A claim made by the
review of a lower court respondent in reply to
decision. the applicant’s claim
Small Claims Guide page 50
53. which is not a defence Liquidated Claim
to that claim. It is a One which has a fixed
List of Terms
separate but related amount of money
claim against the attached to it, for
applicant, which is dealt example, a debt for
with at the same time as goods supplied or for a
the applicant’s claim. loan. The Civil
Processing Centre will
Decree decide if your claim is
Written order made in a liquidated.
small claim.
Notice of Dispute
Fee This is a form completed
This is the amount of by the respondent when
money paid by the disputing responsibility
applicant to start the for the claim.
small claims process or
Party
the amount paid by the
This can mean either the
respondent to issue a
applicant or the
counterclaim. The
respondent.
successful party can
usually add the fee paid
to the amount of the
decree.
www.courtsni.gov.uk page 51
54. Respondent Small Claims Court
The person against A court which deals
List of Terms
whom the claim is with small claims.
made.
Statement of Truth
Return Date This is the declaration
This is the date by which that the contents of the
a respondent must document are true.
either submit a form Proceedings for
accepting liability or a contempt of court may
notice of dispute and / be brought against a
or counterclaim. It will person who makes, or
be clearly marked on causes to be made, a
the application form by false statement in a
the Central Processing document verified by a
Office. statement of truth
without an honest belief
Small Claims Civil in its truth.
Processing Centre
The office where the
application for a small
claim is processed.
Small Claims Guide page 52
55. Stay of Execution
This is the term used to
List of Terms
describe a decree that is
made allowing the
respondent time to pay
the amount of the
claim.
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.
www.courtsni.gov.uk page 53
56. Courts’ Charter
When you come to When you phone a
Courts’ Charter
court, you can expect: court office, you can
• the court building to expect:
be open by 9.00am; • your call to be
• the offices to be open answered within 30
to the public normally seconds;
from 9.30am to • to be given the name
1.00pm and from of the court official;
2.00pm to 4.30pm; and
• polite and helpful • the court official to
staff; and be clear and helpful.
• clear signs.
When you write to the
When you go to a court, we will:
public counter, we will: • acknowledge receipt
• respect your privacy of your letter and
and discuss any send you a reply
confidential business within 15 working
in private; and days; and
• see you within 10 • give the name of a
minutes and if you court official and
have to wait longer, a contact telephone
member of staff will number.
explain why.
Small Claims Guide page 54
57. Helping us improve our member of Court Service
Courts’ Charter
service staff or contact the
We want to know how Information Centre at
you think we have done the address on the back
and your suggestions on of this publication.
how we might improve.
There are comment Other information
cards in the main hall of There are copies of
each building. other Courts’ Charter
leaflets on our work in
Disabled court users every building. If you
The Customer Service need more information
Officer or any other about our work, you can
member of Court Service contact the Information
staff will be able to give Centre at the address on
you information about the back of this
the facilities that are publication.
available for disabled
people. A separate Complaints
leaflet ‘Customers with The Northern Ireland
Disabilities’ is also Court Service respects
available. To obtain a the views of all court
copy of this leaflet ask a users. A separate leaflet
www.courtsni.gov.uk page 55
58. ‘Making a complaint
Courts’ Charter
about the Northern
Ireland Court Service’
provides information on
how to make a
complaint. To obtain a
copy of this leaflet ask a
member of Court Service
staff or contact the
address on the back of
this publication.
If you ask, we will
give you the
appropriate forms and
show you how to fill
them in.
We cannot give you
legal advice or tell you
what to say.
Small Claims Guide page 56
59. Example of an application form
Form 125
Order 26 Rule 5
NOTICE OF APPLICATION
FOR A SMALL CLAIM
For Office Use Only
Claim No.
Part A Liquidated/Unliquidated
Applicant: Respondent:
Full name and postal address, postcode Full name and postal address
and e-mail address (if appropriate) and e-mail address (if appropriate)
in BLOCK CAPITALS in BLOCK CAPITALS
Mrs Joan Smith Mr Al Wrong
1 New Street T/A Sofa So Good
Anytown 101 Dalmation Road
BT11 1AA Anytown
BT11 1BB
Take notice that I, the above named applicant, intend to apply to the Small Claims Court at
_Anytown Courthouse, Sometown Road, Anytown BT11 2BB__ for a decree in respect of :-
My claim for £_1250.00____________
Interest * £_0.00_______________
The court fee £_62.00______________
Total £_1312.00____________
*Only include a figure if you wish to claim interest and you have given details of the rate and the period
covered.
Please describe in simple terms details of your claim: - also include the date the debt arose and, if interest is
claimed, the amount rate and period covered.
I bought a suite of furniture from the respondent’s shop on the 1 August 2004 for £1250.00
Within the first month the cushions on the settee lost their shape and are now so bad that it is uncomfortable
to sit on any of the seats.
I have tried to contact the respondent but he has ignored all of my correspondence.
I would like my money refunded so that I can arrange to buy a replacement suite from another firm.
Statement of Truth
I believe that the facts stated in this form are true.
Full Name ___Joan Smith__________ Position or Office Held ______________________
(if signing on behalf of firm or company)
Signed: ______________________
Date: __1 November 2004______
60. Example of an application form
Form 125
Order 26 Rule 5
NOTICE OF APPLICATION
FOR A SMALL CLAIM
For Office Use Only
Claim No.
Part A Liquidated/Unliquidated
Applicant: Respondent:
Full name and postal address, postcode Full name and postal address
and e-mail address (if appropriate) and e-mail address (if appropriate)
in BLOCK CAPITALS in BLOCK CAPITALS
Eastern Bank Mr Norman Oliver Cash
10 Money Lane 1 Old Street
Anytown Anytown
BT11 1AA BT11 1BB
Take notice that I, the above named applicant, intend to apply to the Small Claims Court at
_Anytown Courthouse, Sometown Road, Anytown BT11 2BB__ for a decree in respect of :-
My claim for £_1050.00____________
Interest* £_14.26______________
The court fee £_62.00______________
Total £_1126.26____________
*Only include a figure if you wish to claim interest and you have given details of the rate and the period
covered.
Please describe in simple terms details of your claim: - also include the date the debt arose and, if interest is
claimed, the amount rate and period covered.
The above respondent entered into a loan agreement with our bank on the 1st July 2004 in the amount of
£1050.00. The first repayment of £50.00 was due to be made on the 1st September and further repayments on the
1st day of each month thereafter. To date we have received no payments from Mr Cash despite several reminders.
We would like an order made against Mr Cash for the amount of £1126.26 This is made up as follows.
Original Loan £1050.00
Interest at 8 % from 1.9.04 to 1.11.04 (62 days) £14.26
Court Fee £62.00
Total £1126.26
Statement of Truth
I believe that the facts stated in this form are true.
Full Name ___Alan Jones__________ Position or Office Held __Loans Manager __
(if signing on behalf of firm or company)
Signed: ______________________
Date: __1 November 2004______
62. For further information on the work of the
Northern Ireland Court Service please contact
Northern Ireland Court Service
Information Centre
Windsor House
Bedford Street
Belfast BT2 7LT
Telephone 028 9032 8594
Facsimile 028 9041 2390
Textphone 028 9041 2920
Email informationcentre@courtsni.gov.uk
www.courtsni.gov.uk
April 2005