How to Make a Litigation Claim or Counterclaim

Taking legal action to its logical conclusion

Whenever a claim is made each party involved has to go through the process of the dispute, which will always involve the court. If the dispute is left unresolved, however complex it is, it cannot be solved until each party goes to court. The prospect of making a claim or counterclaim may seem daunting, but this should not be the case. Reading over our information on the procedures of making a clam and a counterclaim should prepare you in solving your own dispute, even if you have never made a claim or have never been in court before. These procedures are in fact relatively basic, especially in small claims.

Small track, fast track and multi track

In a small claims court there are three different tracks the court can allocate a case to. These tracks are known as a small track, fast track and a multi track. The allocated track depends on the amount of money the person making the claim intends to receive in court. For example, a small track will be used if you are seeking a reward that is no more than £5,000. If you are filing a claim and expecting to receive an award that is more than £5,000 but no more than £15,000, it will be placed on the fast track. Furthermore, cases that where you are looking to be rewarded more than £15,000 are part of the multi track. However, it is important to know that there are other factors that determine what track the case is allocated to. For example, a fast track claim is not expected to last longer than a day. Limited cost recovery is imposed and you can expect to be in court within 30 weeks. A multi track claim, on the other hand, is used for more complicated and prolonged cases. More documentation is also needed in these cases which makes it the most complex case.

Cost of making a claim

The claim or counterclaim will always be made in the County Court where it will be transferred to the county in which the defendant resides. It is also important to know that there are routine fees associated with making a claim which depend on the amount of the award you are expecting. A successful court case often means that you can recover these fees.