We recognise that low value disputes arise but that it is not always cost effective to instruct solicitors to deal with them, especially on a traditional hourly rate basis.
Cases worth £10,000 or less are ordinarily allocated to the small claims track which restricts recoverable costs to very limited fixed sums if you are successful, even though you may have incurred significantly higher costs with your solicitor.
SA Law’s fixed fee Small Claims Scheme is specifically tailored to make it commercially viable for you to instruct specialist advisors to deal with low value disputes in a cost effective way and that leaves you free to focus on running your business.
Our Small Claims Scheme covers cases worth up to £10,000 (excluding Personal Injury claims) and is made up of seven stages from initial review & claim management, to enforcement. These stages include:
Stage one - Initial Review & Claim Management
- When a claim arises, we will carry out a full review and advise you on your prospects of success, and suggest a strategy for resolving the dispute. This will allow you to make an informed decision on whether to proceed or not.
Stage two - Pre-Action Correspondence / Early Settlement
- Should you decide to proceed, we will prepare either a letter before claim or a letter of response to a claim, depending on whether you are a claimant or defendant. We will also explore any suitable possible settlement options.
Stage three - Commencing or Defending Proceedings
- If you are a claimant, we will prepare the court documents. If you are a defendant, we will prepare your defence and any counterclaim you may have. We will also conduct the case on your behalf (and subject to your instructions) through to its final hearing.
Stage four - Settlement and/or Mediation
- The court offers a Small Claims Mediation Scheme. Under this, a court appointed mediator will assist you to settle the matter before the claim progresses further. This is usually done by way of a one-hour telephone mediation. If you are offered a mediation under this Scheme, we will help you prepare for the mediation and identify your likely goals. We can also arrange to represent you for a further fixed fee.
Stage five - Preparation for Final Hearing
- If the case cannot be settled, we will prepare a witness statement to support your case and produce a documentary evidence bundle should it be required. If your case needs more than one witness statement, you can purchase “add-ons” at a fixed price for any additional statements.
Stage six - Trial
- We will either help you to prepare for trial if you want to represent yourself or arrange for an advocate to represent you. The cost of an advocate is not included as part of our Small Claims Scheme, but we can often arrange advocates that will represent you for a fixed fee.
Stage seven - Enforcement
- Once judgment is obtained, the majority of claims will be paid without the need to take enforcement action. However, if the judgment is not paid then you may need to enforce the judgment. Enforcement action is not included in the Small Claims Scheme but will be charged for in accordance with the SA Law Debt Recovery Scheme.
If you would like to be sent more information about SA Law's Small Claims Scheme, please get in touch with us by emailing email@example.com