Who can make a small claim

You can make a claim if you are either:

  • a company or business
  • over 18 years of age and capable of managing your own affairs.

When you need a litigation guardian

You must have a litigation guardian if any of the following apply:

  • you are under 18 years old
  • you are incapable of managing your own affairs.

The court will appoint a litigation guardian if you become incapable of managing your own affairs during the claim.

Being a litigation guardian

You can be a litigation guardian of another person with a disability if you:

  • don’t have a disability
  • have no interest in the claim.

You must file written consent to be a litigation guardian, unless you have been appointed by a court.

A litigation guardian is liable for costs as if they were the plaintiff or the defendant in the proceeding.

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Last updated: 28 November 2017