Do you have a small claim that is worth less than £5000?
A claim of this value can be very important to you but it cannot be done on a no win no fee basis?
This kind of claim goes to a Small Claims Court.
Although it is a "small" claim, it is probably not "small" to you and even taking this kind of claim to court can be daunting. Defending one can be even worse.
John Kennedy Ltd can introduce you to a service supplied by Public Access Barristers which will help you take your small claim to court or to defend one made against you. Most types of claim are covered with the exception of personal injury (you can take a personal injury claim to court on a no win no fee basis if it is worth over £1000), housing disrepair and employment matters.
Types of small claim include:
Breach of contract for less than £5000
Someone owes you money but it is less than £5000
Negligence - someone has damaged your property (car, house, garden, clothing, etc)
Business disputes
If you need help with a Small Claim - get in touch here
or telephone 01707 697186
The Service
IF YOU ARE MAKING A CLAIM
Stage 1 – Initial Review & Assistance
The Barristers we introduce you to will make an initial evaluation of your claim for a fixed fee of just £75 plus VAT (payable on account).
They will provide some basic guidance on how you need to prepare your claim dealing with things such as evidence required, supporting documentation, and its suitability for the small claims procedure in the county court. To assist they ask that you complete an information sheet which asks you to set out the background to your proposed claim to enable them to make an initial assessment. It may be that having reviewed your potential claim their advice is that it is unsuitable for the small claims process in the county court. This will often be the case where a claim rests on complex expert evidence or where the allegations are complex, such as fraud. After reviewing your documentation the advice will be given by telephone at a pre-arranged time.
Stage 2 – Assistance with Case Preparation
Once you have gathered your evidence and have a clear idea who you intend to claim against, they will assist you in drafting a letter of claim, a formal letter sent to the person you are claiming against setting out your claim. If this does not lead to settlement they will then assist you to complete the court documentation to commence your small claims action in the County Court which involves completing a claim form and listing questionnaire. The fixed fee for this work is a mere £175 Plus VAT.
Stage 3 – Representation at a Small Claims Hearing
If your case goes to a trial then a barrister can attend court with you and represent you at the small claims hearing, presenting your case for you. The fixed fee for this is only £250 plus VAT and travelling expenses (guaranteed to be at a reasonable level) per hearing.
IF YOU ARE DEFENDING A CLAIM AGAINST YOU
Stage 1 – Initial advice & drafting the defence
The Barristers will provide initial advice on the legal proceedings on how best to present your defence and basic court procedure. They will then draft a document called “the Defence” setting out the basis upon which you seek to defend the claim. You will then be able to submit this document to the Claimant and the court. If on the basis of what you tell them they feel that this is a claim that you should be settling then they will advise you of this. The fixed fee for this service is just £150 plus VAT.
Stage 2 – Allocation Questionnaire & guidance on preparing defence evidence
Once you have submitted your defence to the court they will send out an allocation questionnaire. The Barristers will assist you with the completion of this form. At this stage the Barristers will also provide guidance to you on how to prepare your witness statements for the trial and how to prepare and present any other evidence you intend to rely upon such as financial documents, photographs etc. The fixed fee for this service is only £100 plus VAT.
Stage 3 – Representation at a Small Claims Hearing
If your case goes to a trial then a Barrister can attend court with you and represent you at the small claims hearing, presenting your defence case for you. The fixed fee for this is a mere £250 plus VAT and travelling expenses (once again, guaranteed to be at a reasonable level) per hearing. Very often if a case is properly prepared it will be resolved in a single court hearing.
Of course instructing one of the barristers under this scheme cannot guarantee that your defence is successful but the guidance and representation provided should mean that your case is presented in its strongest light.
Extra Costs
You will be required to pay all stages “up front” and you will also have to pay the cost of issuing the court documents and any other court fees which may be incurred – which, of course, you would have to pay anyway.
This means that you will get professional help and assistance on your claim or defence for £500 plus VAT and if you win, you will be able to get some of the fees back for the cost of issuing the court documents and court fees.
Travel Expenses
For cases where the Barristers attend a court within the M25 they will charge no additional travel expenses. Where it is necessary for the Barristers to travel further afield, then travel expenses will be charged at standard public transport rates based upon standard return rail fares from our central London offices. Where it is necessary to travel by car the travel expenses will be charged at 40p per mile.
What the Barristers need from you
- You MUST pay the fee to the Barrister before they can commence with any of the stages
- You MUST stay interested and respond quickly to any requests for information or documents
- You MUST inform them immediately of any change of contact details for you (or the other side if you hear about it)
- You MUST not settle the case directly with the other side without informing them
- You MUST be truthful with them and tell them all they need to know for the case.
Terms and Conditions
Once the Barristers have commenced any of the Stages above, the fee is non-refundable for any reason whatsoever.
Note: If the case settles before it goes to court, the fee is non-refundable.
The Barristers can withdraw at any stage if you fail to provide satisfactory assistance, fail to keep them up-to-date with any developments in the case, fail to inform them of change of contact details or fail to provide them with truthful information.
The relationship between you and John Kennedy Limited is that as between introducer and introducee and does not constitute a contract or legally binding agreement.
John Kennedy Limited does not provide legal advice. Any advice given as part of the relationship between you and John Kennedy Limited is purely with regard to introducing you to a potential legal advisor.
John Kennedy Limited does not accept any responsibility for the advice given by any legal advisor whether as a result of an introduction by John Kennedy Limited or otherwise. Once, and if, John Kennedy Limited has effected an appropriate introduction between you and a legal advisor, the relationship between you and John Kennedy Limited shall terminate.
John Kennedy Limited will endeavour to introduce you to an appropriate legal adviser but does not guarantee that it will be successful in making an introduction of this kind or any at all.
If John Kennedy Limited is unable to introduce you to a legal adviser, then the relationship between you and John Kennedy Limited shall terminate.
John Kennedy Limited undertakes to hold and maintain confidentiality of your information, and documents that come into the possession of John Kennedy Limited at all times unless authorised to disclose in the course of a referral or introduction or as required by a legal authority.
John Kennedy Limited has no obligations towards you and does not owe you any duty whatsoever with regard to the relationship between us as introducer and introducee with the exception of that as stated in the Clause above.
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