Small claims cases offer a relatively cheap and uncomplicated way to settle disputes over a limited amount of money.
However, before you go to court, it’s important to know what small claims charges you might have to pay, and who’s responsible for covering them.
In Scotland, small claims usually involve amounts of £5,000 or less. You might want to make a small claim if you are owed money, are involved in a disagreement because of goods or services, or because you have suffered damage to your property. Small claims are handled at the sheriff court, and although the process is simpler and more informal than higher civil or criminal courts, there are expenses to be aware of.
What Are Small Claims Charges?
The main small claims charges relate to the court fee for making a claim, which can vary based on the value of the claim. As things stand, guidance suggests a range from around £19 up to £110 or more. If sheriff officers are required to serve documents or execute a judgment, further costs will apply.
Other potential costs can include solicitors’ fees — though many people opt to represent themselves in order to avoid this — and any outlays, such as copying costs, expert witnesses, etc.
Common Types of Small Claims in Scotland
Knowing which type of dispute often goes through the small claims court may help you decide whether the court can deal with your case. Common examples of cases are disputes between tenants and their landlords over their deposits, compensation for faulty goods or damage to property, money that is owed, or problems with tradesmen or professionals If you have had a clear money loss of less than £5,000 and you have some evidence to prove your claim, the small claims court might be able to help you
Who Pays the Charges?
The person bringing the case (the pursuer) has to pay the court fee to start a small claim. However, if they win the case, they might be able to get this money back from the other side. This may be more difficult if you have not used a solicitor.
You should think about how much it will cost you before you decide to go ahead with a small claim. If the other person will not be able to pay, even if you win the case, then it may not be worth going ahead with it.
How to Keep Small Claims Costs Down
If you’re worried about costs, there are a few things you can do to try and reduce the total amount you’ll need to pay in small claims fees. One of the most cost-effective ways of doing this is by representing yourself without a solicitor. It is also helpful to prepare your evidence thoroughly and avoid any situation that might lead to making incorrect claims and incur you in added costs. In some cases, you may be able to settle the matter out of court and attend mediation, which can save you from having to pay a small claim fee and still help you achieve a fair outcome.
Is It Worth It?
If you are a person living in Edinburgh and have a grievance that needs to be redressed — maybe a tenant who needs a deposit or an invoice that needs to be paid — then making an application to the small claims court may give you the remedy you need without having to pay out huge legal fees. However, before you do so, you should do your research, understand what is involved and what the costs may be to you.
With clarity around small claims charges, you’ll be better prepared to make an informed decision and hopefully resolve your dispute efficiently.
