Basic Overview of the Small Claims Process

There are many parts to a Small Claim. Below we have attempted to split these up into different stages.

1. Claim Form
   Where the Claimant sets out their case.

1. Response (also known as the Defence)
   Where the Defendant states why they do not owe the money that the Claimant is claiming.

1. Counterclaim
   Completed when the Defendant wants to make a separate claim against the Claimant.

1. Response to Counterclaim
   Where the Claimant states responds to the Defendant’s counterclaim.

1. Reply to Defence/Counterclaim Response
   Where the Claimant comments on what the Defendant has said in their Response/the Defendant comments on what the Claimant has said in their Counterclaim Response.

1. Allocation Questionnaire
   A form sent by the Court to the parties which helps them decide how long the case will take, which Court it should be heard in, and what “track” it should be allocated to.

1. Directions
   Following receipt of the Allocation Questionnaires, the Court will make Directions (rules) for the next steps needed in the case. The parties must comply with all Directions before the final hearing.

1. Disclosure
   Where the Court orders or directs the parties to send to the other party any documents in their possession that relate to the case.

1. Witness Statements
   Where the witness sets out in writing what they have witnessed.

1. Preliminary Hearing
   A hearing held before the main hearing to decide a specific matter.

1. Application
   If you need to get the other party to do something (e.g. disclose documents), you may make an application to the Court asking them to ensure that the other party does this.

1. Final Hearing (also known as the Trial)
   Where the Court hears all of the evidence and decides who is liable.