Advantages and Disadvantages of Small Claims

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Advantages and Disadvantages of Small Claims

Advantages

  • The cost of taking proceedings is low, especially for claims under £1000
  • If you lose, you will not have to pay the other person's lawyers' costs
  • People do not have to use lawyers, but can take the case themselves
  • The proceedure is quicker than for other cases
  • The District Judge should help the parties to explain their case

Disadvantages

  • Legal funding for paying for a lawyer is not avaliable, though it may be possible to fund the case through a 'no win, no fee' arrangement
  • Where the other side is a business, they are more likely to use a lawyer. This can put an unrepresented claiment at a disadvantage
  • Research by John Baldwin has shown that District Judges are not always very helpful to unrepresented claimants
  • Even when you win your case, it does not mean that you will get your money from the defendant. Only about 60% of successul claimants actually recieved all the money awarded by the court

Evaluation

Overall there are more advantages than disadvantages when it comes to small claims, such as it being cheap and quick however it is not always fair and the awarded sum may not actually be recieved.

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