The first is a general action for damages where part of the compensation being claimed consists of damages to be assessed by the Court.

The second is a simpler and quicker process where the exact amount claimed is known. For example it applies where goods or services are supplied and simply not paid for. There is no claim for compensation merely the debt itself. This type of debt can be collected using the Small Claims procedure

If your claim is wholly or in part for damages to be assessed e.g. you were involved in a car crash and suffered some slight whiplash, your claim then would be for a liquidated sum i.e. the cost of the repair, but it will also include a claim for damages for the pain that was inflicted upon you. That sum is one that is assessed by the Court.

Small Claims

Liquidated claims are varied in nature but all follow the straightforward principle that a fixed and known sum of money is due from one person or company to you. The action that you take is simply to recover that sum of money and the fees that you have paid to the Court. If the sum is less than £5,000.00 you will not recover costs, which is why claims for less than £5,000 are to be issued in the court as small claims.

We have prepared a checklist of things you will need to have before you can progress further, these are located on our NOTES page.

Claims in which damages are claimed are varied in nature but all follow a straight forward principle in that something has occurred which is the fault of someone else and as a result you have suffered. The first thing that is necessary is to establish whether the fault arises under a contract or whether it arises under something known to the law as a "tort." A contract does not have to be in writing. Every time you purchase something you form a contract i.e. a contract whereby the vendor sells and you buy. Further if you employ somebody to do some work even where there is no written agreement, there is a contract and where such oral contracts exist the law implies terms. The most important term is that the contract will be fulfilled and other important terms include such matters as payment will be made, the person offering the service is competent to undertake that service.

A tort arises where there is a duty of care that is owed by one person to another e.g there is no contract between the driver of one vehicle and a pedestrian but the driver of that vehicle owes pedestrians and other drivers a duty of care so that if he acts in a way that is negligent and causes them damage then he is liable for his `tort.’

While the law in relation to contract and tort is, to say the least, extremely complex the law does try to follow common sense. If you have suffered a loss be it as a matter of a breach of contract or of a tort, and that loss is due to someone else you are likely to have rights.

We have prepared a checklist of things you will need to have in before you can progress further, these are located on our NOTES page.