- small claim
small claim n: a claim for the recovery of money or property whose value is below a certain amount
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- small claim
in England the phrase is applied to cases decided under the arbitration procedure in the County Court which deals with cases involving up to £5,000 unless they involve personal injuries when the limit is £1,000.In Scotland, an informal procedure for cases worth less than £750, introduced in 1988. In defended actions, no expenses are awarded against the unsuccessful party if the claim is for less than £200 and only £75 if more than that. However, there is no protection from expenses when cases are appealed. Pleadings are kept to a minimum and there is an early meeting with the sheriff to focus the key issues. The procedure is continually under review and revised rules are expected during 2001. It has had an unpleasant knock-on effect in that insurers are often now unwilling to reimburse solicitors' costs in negotiated settlements as they would not have had to do so had the case been taken by the party to court.There are also small claims procedures in Ireland. In Northern Ireland a scheme was established in 1979 and can now deal with many claims for up to £1,000 (soon to be increased to £3,000), although not those involving personal injury or defamation. In the Republic of Ireland a scheme was started in 1992 that can deal with consumer claims for up to £500.
Collins dictionary of law. W. J. Stewart. 2001.