As of current legislation in Trinidad and Tobago, the Small Claims Court hears civil matters involving claims up to $50,000 TTD. Claims above this threshold must be filed in the High Court.
Small Claims vs High Court
In Trinidad and Tobago, choosing the correct court for your legal matter is more than a matter of convenience. It can directly affect your costs, your timeline, and the likelihood of success. Matters with a claim value under $50,000 may be brought before the Small Claims Court (a division of the Magistrates’ Court), while higher-value disputes must be filed in the High Court. Each forum follows distinct procedures, has different evidentiary rules, and offers different levels of legal formality.
The Small Claims Court is designed to resolve minor civil disputes such as unpaid loans, breach of minor contracts, and disputes over goods or services. It is intended to be accessible to the public without requiring an attorney, and hearings are typically scheduled faster than in higher courts. However, Small Claims Courts cannot award damages beyond the $50,000 limit, and certain matters such as defamation, land disputes, or probate issues are excluded from its jurisdiction altogether.
In contrast, the High Court handles more complex or high-stakes litigation, including personal injury claims, land and property disputes, commercial breach of contract, and constitutional matters. Proceedings are governed by the Civil Proceedings Rules (CPR 1998), and strict compliance with timelines, pleadings, and disclosure obligations is required. Legal representation is strongly recommended, as procedural missteps can result in the dismissal of the claim or default judgment.
Clients must also consider the cost implications. Filing fees, legal costs, and risk of adverse cost orders are significantly higher in the High Court. On the other hand, judgments in the High Court are enforceable against real property, bank accounts, and other valuable assets and may result in larger awards. Our firm guides clients in choosing the right forum, preparing the appropriate documents, and ensuring compliance with all procedural rules to maximize the chances of a successful outcome.
Arvin Arjoonsingh
Frequently Asked Questions – Small Claims vs High Court
Answers to common questions about small claims vs high court in Trinidad and Tobago.
No, legal representation is not required in the Small Claims Court. The process is designed to be accessible to individuals and small business owners without legal training. However, legal advice is still recommended to ensure your claim is properly framed.
The Small Claims Court does not handle matters involving defamation, land disputes, probate, family matters, or claims exceeding $50,000. These must be filed in the appropriate higher court.
High Court litigation is more complex and carries the risk of adverse cost orders. If you lose, you may be required to pay the other party’s legal fees in addition to your own. Timelines are stricter, and procedural compliance is essential.
Yes. If you are dissatisfied with the outcome in the Small Claims Court, you can file an appeal to the High Court. However, appeals are subject to strict time limits and require legal grounds such as an error in law or procedure.
Small Claims matters are typically listed for hearing within a few weeks to a few months. High Court matters often take significantly longer due to case management procedures, document disclosure, and trial scheduling.
How to Choose and Prepare for the Right Court in Trinidad and Tobago
Filing a legal matter in the wrong court can result in delays, extra costs, or dismissal. This guide outlines the key legal steps to help you determine whether your case belongs in the Small Claims Court or the High Court, and what to expect at each stage of the process.
Did You Know? Filing in the Wrong Court Could Cost You Your Case
In Trinidad and Tobago, if you file a legal matter in the wrong court either because the value exceeds the Small Claims limit or the subject matter falls outside its jurisdiction your claim can be struck out before it even reaches a hearing. This not only wastes time but also exposes you to additional filing costs and procedural delays.
For example, trying to file a $75,000 property dispute or a defamation claim in the Small Claims Court will result in immediate rejection. Meanwhile, the High Court imposes strict procedural rules under the Civil Proceedings Rules (CPR 1998). If you miss a deadline, serve documents incorrectly, or fail to disclose evidence, your case could be dismissed or judgment entered against you even if you’re right on the facts.
The law doesn’t bend for paperwork mistakes. Knowing where and how to file is not just procedural. It’s strategic. And it could mean the difference between justice and starting over.
Step-by-Step: How to Choose and Prepare for the Right Court in Trinidad and Tobago
Calculate the Value of Your Claim: Determine the exact monetary value of your claim. If it is $50,000 or less, it may qualify for the Small Claims Court. Claims above this threshold must be filed in the High Court. This first step determines your jurisdiction.
Assess the Nature of the Dispute: Not all matters are eligible for the Small Claims Court. Cases involving land, probate, defamation, or family law must go to the High Court regardless of the amount. Review the subject matter of your dispute carefully.
Prepare Supporting Documents: Whether you file in Small Claims or High Court, you must have your evidence in order. This includes contracts, invoices, letters, receipts, or any written communication relevant to the claim.
Choose Legal Representation if Needed: Small Claims Court is designed for self-representation, but you may still seek advice before filing. High Court matters require formal pleadings under the Civil Proceedings Rules, and legal representation is highly recommended.
File the Claim in the Appropriate Court: Visit the Magistrates� Court for Small Claims or the Supreme Court Registry for High Court filings. Use the correct forms and pay the applicable filing fee. Incorrect filings can cause delays or result in rejection.
Attend Hearings and Comply with Procedure: After filing, attend your scheduled hearing and be prepared to present your case clearly. High Court cases involve case management, disclosure, and trial preparation. Missing a deadline or hearing can result in dismissal or default judgment.