In the English court system, the recovery of legal and court fees in small claims is governed by specific rules laid out in the Civil Procedure Rules (CPR), particularly Part 27 concerning small claims and Part 45 which sets limits on the costs recoverable. Understanding whether a claimant can recover their legal and court fees in a small debt claim involves examining these rules and the nature of the costs incurred, including those associated with using Garfield.

The Nature of Small Claims

Small claims are typically defined as any claim under £10,000 in England and Wales. This track is designed to be a simpler and more cost-effective avenue for resolving disputes where the sums involved are relatively low compared to other, much larger, cases. The underlying principle of the small claims track is that parties should not have to pay for expensive professional legal representation.

Recovery of Court Fees

Court fees, which are paid to the Court to process the claim, are generally recoverable in small claims proceedings if the claimant is successful at trial. These fees include costs associated with filing the claim, allocation questionnaires, and hearing fees.

Recovery of Legal Fees

The recovery of legal fees in small claims is more restrictive. According to CPR Part 27, the general rule is that the costs of legal representation are not recoverable. This means that if parties use solicitors then they usually bear their own solicitor's fees, regardless of the outcome of the case. However, there are some exceptions to this rule:

1. Fixed Costs: CPR Part 45 provides for the recovery of fixed costs in certain circumstances. These fixed costs include fees for filing the claim and certain other expenses directly related to the conduct of the case. However, they are capped and designed primarily to cover administrative costs rather than full legal representation fees.
2. Exceptional Circumstances: In exceptional cases, the court may order the recovery of costs outside the usual fixed costs regime. This could include scenarios where one party has behaved unreasonably, causing unnecessary litigation or costs. However, such orders are rare in the small claims track.

The advantage of using Garfield

Almost all of Garfield’s fees fall under the recoverable limits contained in CPR Part 45, and so the claimant will be able to recover these costs as part of the fixed costs regime. This means using Garfield is more advantageous than using traditional law firms as the fees are lower and are recoverable from the defendant if the claimant prevails at trial.

For more information about which of Garfield's fees are recoverable, and which are not, see our pricing page.

Conclusion

In conclusion, while the claimant in a small debt claim can generally recover basic Court fees, the recovery of legal fees is limited unless the claimant is using Garfield. Recovery is possible within the framework of fixed costs as defined by CPR Part 45, provided these costs are directly related to allowable expenses under the rules. For broader legal services, recovery would be unlikely unless exceptional circumstances apply.