A Guide to Small Claims Court

What is the small claims track?

The small claims track is a way of resolving civil disputes without the expense and formality of a full court hearing. Despite the name, it is not a separate court. It is one of three tracks used by the county court to handle cases, with each track suited to different levels of financial value and legal complexity.

The small claims track is designed for straightforward disputes, typically involving sums of £10,000 or less. The process is intended to be accessible to ordinary people without legal representation, though you can use a solicitor if you wish.

The other two tracks are the fast track, for moderately complex cases worth between £10,000 and £25,000, and the multi track, for higher value or more complicated matters. A judge decides which track your case should follow after you submit your claim.

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Which cases can be dealt with as small claims?

Most money disputes up to £10,000 can be handled on the small claims track. Common examples include unpaid invoices, faulty goods, poor quality services, and disputes over deposits.

Some other types of case may also qualify:

• Personal injury claims where the amount claimed specifically for pain, suffering and loss of amenity is no more than £1,000. Other parts of the claim, such as vehicle damage or lost earnings, count towards the overall £10,000 limit but are assessed separately from the injury element.
• Housing disrepair claims brought by residential tenants against landlords, where the cost of repairs is no more than £1,000 and any other damages claimed do not exceed £10,000.
• Disputes over goods or services that did not meet reasonable standards.

The financial value of your claim is only one factor. If the judge considers your case legally complex or likely to need extensive evidence, it may be moved to a different track. This matters because the cost rules change significantly on the other tracks.

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Costs and risks

One of the main features of the small claims track is that each side usually pays their own costs, regardless of who wins. This means that if you lose, you will not normally have to pay the other side's solicitor fees. This reduces the financial exposure compared to other types of court action, though it does not eliminate risk entirely.

You will still need to pay a court fee to issue your claim. The amount depends on how much you are claiming. Current fee levels are published on GOV.UK. If you win, the court may order the other party to reimburse this fee, though this remains at the judge's discretion.

There are some limited exceptions to the usual cost protection. The court can award costs against a party who has behaved unreasonably, for example by ignoring court directions or making false statements. Witness expenses and certain other minor costs may also be recoverable.

A more significant concern arises if your case is moved to a different track. On the fast track or multi track, the losing party will typically be ordered to pay the winner's legal costs. These can be substantial. If you think your dispute might be more complicated than it first appears, it is worth getting advice before you begin.

How the process works

You start a claim by completing a form, either online through the Money Claims Online service or by filling in a paper form and sending it to the court. You will need to set out clearly what you are claiming and why.

The other party then has a set period to respond. They may admit the claim, dispute it, or make a counterclaim against you. If the claim is defended, a judge will review the papers and allocate the case to the appropriate track.

Hearings for small claims are usually informal. They often take place in a private room rather than a traditional courtroom, with the judge, both parties and any witnesses seated around a table. The strict rules of evidence that apply in higher courts are relaxed, and the judge will typically ask questions directly rather than relying on formal examination of witnesses. Many small claims can be decided on paper without a hearing, if both parties agree and the judge considers it appropriate.

You do not need a solicitor to bring or defend a small claim. The process is designed for people to represent themselves. That said, if your case involves legal points you are unsure about, or the other side has instructed a lawyer, getting some advice beforehand may be worthwhile.

Winning a judgment does not always mean you will receive payment. If the other party does not pay voluntarily, you may need to take further enforcement action. Options include applying for an attachment of earnings order, a warrant of control to send bailiffs, or a charging order against property. Each of these involves additional court fees and procedures.

Citizens Advice can provide free guidance on court procedures. The GOV.UK website has current information on fees, forms, and the claims process.

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