The small claims process is suitable for consumer money claims where the sums involved are ‘small’ (in the eyes of the court…) and the case is not complex. You shouldn’t need a solicitor for such cases and as such, lawyers’ fees are generally not recoverable.

Cases may range from compensation for a poor service or faulty product, to being owed money for work performed. The total you can claim under the small claims process in England and Wales is £10,000 (except for housing disrepair claims or personal injury where the limit is £1,000).

If you decide to go to court you are expected to comply with certain rules set out by the Ministry of Justice (see Civil Procedure Rules and Practice Direction on Pre-action Conduct in the Resources section). Within these rules the court sees the behaviour of refusing to mediate as unreasonable which can allow the other party to claim costs, irrespective of whether they win the legal case.

Small Claims Mediation Service. If you have a small claim that has already been submitted to court and it is being defended, and the other person is also willing to try mediation, the HM Courts & Tribunals Service will offer you their Small Claims Mediation Service.  This is a one-hour telephone appointment with a trained mediator to try & solve your dispute, the cost of which is included in your court fees. If the court is unable to arrange the mediation before the trial date, they will likely delay the proceedings to cater for it.

JWF Mediation. Whether you’re considering small claim proceedings or have already filed a case, JWF Mediation can mediate your dispute for you for a small fee. For consumers this fee ranges from £25 to £99, depending on the value of the dispute and includes up to 3 hours of mediation service. The other party’s consent is also needed in order to proceed with the mediation process, which we can try to obtain for you. Your payment will be refunded if the other party doesn’t wish to mediate. Businesses are also charged a fee by us.