Suing

3. Which Court Track?

Civil court cases are now quicker and less expensive than they used to be.

3.1 Cases are allocated to a small claims track (claims of up to £5,000), a fast track (£5,001 to £25,000), or a multi-track (more than £25,000).

• Straightforward claims of more than £5,000 can be allocated to the small claims track, if the court and both parties agree.
• Claims for £25,000 and less must be issued in the county court. Claims for more than this can usually be issued in either the county court or the high court. The main exception is for personal injury claims up to £50,000, which must be issued in the county court.

3.2 The small claims track and fast track both use standard, simplified procedures, which are explained in a series of leaflets available from the court. In contrast, the multi-track allows the court flexibility to use a variety of approaches, depending on the complexity of the case.

• In a small claims hearing (only), you do not have to attend the final hearing, provided you submit written evidence to the court and a notice of non-attendance (stating that you wish the court to deal with the case in your absence) at least seven days beforehand.

3.3 Follow all the legal formalities to the letter, including any deadlines you are given.

• Otherwise, you may provide the defendant with valid grounds for obtaining a judgment in default against you, which means you automatically lose the case.

3.4 If you are suing an individual (eg a sole trader), and the claim is for a specific amount, the case is transferred automatically from your local court to the defendant's. Otherwise, the case is heard at your local court.