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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
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
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
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
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
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
• 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
•   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
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
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
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
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
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
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
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
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
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
£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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
‘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
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______
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______
serving
the community
through the
administration
of justice
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

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Legal Advice Small Claims

  • 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