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@carson
oh - perhaps a misunderstanding here - bringing proceedings in the civil courts is not called prosecuting. you are prosecuted by the state in criminal proceedings - that said you can bring a private (criminal) prosecution subject to some restrictions although these occur relatively rarely as far as i know. if that is what you meant i appologise.
small claims court is civil...its simply the value of the claim (less than £ 5k) that means that the proceedings are subject to different procedural and costs rules.