Restrictions of Small Claims Court
Although it is set up to accommodate relatively simple disputes, there are many claim types that are not acceptable.
These include:
Family Law Matters
Family relations oftentimes, will not be within the realm of the small claims subdivision. These cases are usually tried in family courts and typically feature elaborate legal arrangements such as mediation, or other forms of legal representation that are specially tailored to the person’s needs.
- In relation to what not to include within small claims.
- Lawsuits involving the divorce or dissolution of a civil partnership.
- Orders relating to child custody and access.
- Enforcement of child maintenance payments.
- Disputes on parental responsibility.
- Domestic violence protection order or non-molestation order.
Where these can be solved:
Such disputes are controlled by statutes such as The Children Act of 1989 The Family Law Act of 1996 and by certain Family court judges.
Example:
Think of a hypothetical example of a claim that someone would want to bring to small claims. The court, together with all other judges, would not only toss it out but would also view it as absurd.
Claims for Personal Injury Demanding a High Degree of Value
Even if the small claims court allows for some concession to be made in the context of an injury being claimed, there are however severe limitations to the following:
- In the award of general damages, you may only be rewarded for the pain, suffering and loss of amenity capped at £1,000
- The total amount inclusive of any financial loss such as income will not surpass £10,000
Not Allowed:
- Other considerable injuries that may require a qualified medical practitioner to testify that claim is reasonable:
- Psychological harm that can be proven albeit occurring due to complex interwoven events
- Negligence in clinical service provision claiming
Where do these claims belong:
You will need at least either the fast track or multi-track court system. One way or another, you will have to get a substantial personal injury attorney.
Example:
A small claims court disregards a case where a warehouse worker attempts to sue his employer over a back injury from an unsafe lifting mechanism owing to unsupported modern ergonomics in surgery and physiotherapy post-operative restoration. Due to the overwhelming medical evidence, the case is dismissed in a county court without a trial.
Eviction from housing or possession of housing
- Recovery of a property or eviction is not allowed.
- Possession claims eased under section 21.
- Disrepair claims involving damage experts require such housing specialists to perform detailed work.
- Where these go.
- Managed in a county court possession center, or designated housing courts with different protocols.
Example:
A landlord seeks to remove tenants on the grounds of purported minor rental arrears. The judge informs the landlord of needing an of formal section 8 or 21 notice to eviction, possession and claim then follow the civil housing order.
Defamatory statement (libel or slander)
Damage to reputation of any form does not allow for small claim courts to hear such allegations.
Not Allowed:
- Also, there is online reputation loss considered.
- And the legal questions of defamation are so complex that they require high court.
Example:
Let us assume this primary set of compelling issues is an example of bringing a small claim. The court will most likely strike out the claim citing the lack of jurisdiction firewall and redirect the claimant to relevant legal strategies.
Complex Commercial Disputes
Any dispute involving more than two parties, outline of a sophisticated contract alongside intricate sets of legal relations clearly indicates their collective exclusion from small claims.
Not suitable if:
- There is a need for expert attesting witnesses
- Pursued actions involve multiple jurisdictions
- Contracts with delicate legal and regulatory frameworks
- Complicated issues with value and importance should be fast-tracked or on the multi-track.
What You Can Do in Small Claims Court
Let me provide you a list of common valid small claims that might help you:
- Outstanding invoices (freelancers, small businesses)
- Services not rendered and goods not delivered (tradespeople)
- Claimant-Landlord and Tenant disputes (deposit not refunded)
- Lesser motor vehicle accidents below the £10,000 threshold.
- Personal Injury Negligent claimable without having tangible assets below £1,000 falls in this category too.
If you are uncertain, there is a no obligations claim eligibility checker powered by CaseCraft AI, or you can check out the type of claims we assist with in our interactive Money Claims Map.
What Happens If You File The Wrong Case In Small Claims?
Claim if the case chosen is exceeds the jurisdictional limit with small claims:
- The court might strike out your claim.
- Face balance of taxation of the court.
- Recovering surrendered hours unexpectedly losing time in the correct court likely means starting again from scratch.
As you can see these are essential services provided by tailored solutions CaseCraft AI. You can make sure your claim is correct because we check with the proper screening questions.
Common Questions
Can I sue for defamation in small claims court?
On no account. Because of law complexity and damage limits, higher courts have to deal with defamation.
Can I get divorced through small claims court?
No. Any divorce or family law matters must be dealt with through family law procedures.
What will happen if I file the wrong type of case?
The court may reject, strike out your case, and you lose the fee.
Can I use CaseCraft AI to assist my application for deposit disputes?
Yes, provided the claim is under £10,000 and doesn’t include a possession order.
What are the limits in small claims court?
Usually, the limit is up to £10,000 for all claims except in personal injury claims where general damages cannot exceed £1,000.
Helpful Links
Don’t know if your claim is appropriate for small claims court? Then check the CaseCraft AI eligibility checker to aid you in seconds.
CaseCraft AI will not give legal advice. This page is for your information only.
