Debt Recovery

5. Claims over £5,000

Court claims between £5,001 and £15,000 are dealt with by a fast-track procedure. Claims over £15,000 use the multi-track procedure.

5.1 You start proceedings by issuing a claim.

• Claims over £15,000 can be issued in the High Court. Claims for less than this must be issued in the County Court.

5.2 It is advisable to use a solicitor or barrister to represent you.

5.3 If the defendant issues a defence to your claim, the procedure is more formal and complex than for small claims.

• Your legal adviser and the court staff can explain what is involved.
• You may not wish to proceed further if a defence is issued. But you may have to pay costs if you abandon the claim.

5.4 Try to establish the length of time it will probably take for the case to go to trial.

• The courts try to limit this to 30 weeks for fast-track cases.
• In extreme circumstances, it can be two years before a multi-track case is heard.

5.5 Whichever party loses is likely to end up paying the court fees and most of the legal costs of both parties.

• Even if you win, you will probably have to pay part of your own legal costs.
• If you cannot show that you first tried to settle the dispute out of court, the judge may order you to pay your own costs.