Information About Small Claim Courts

What the small claims court does

The small claims court handles everyday disputes between individuals, businesses and organisations. It sits within the County Court system and deals with lower value claims through a simplified process designed to be accessible without legal representation.

Most small claims involve money owed, but the court also handles other types of dispute. These include claims for faulty goods or services, damage to property, minor personal injuries, disputes over poor workmanship, and road traffic accidents where injuries are relatively minor.

The process is less formal than other court proceedings. Hearings are generally open to the public, though the setting often feels less imposing than a traditional courtroom. Strict rules of evidence are relaxed, and judges may guide proceedings to ensure both sides have a fair chance to present their case. This makes it possible for ordinary people to bring or defend a claim without hiring a solicitor.

There are financial limits on what qualifies as a small claim. For most disputes, the claim must be worth no more than £10,000. Personal injury claims and housing disrepair cases have lower thresholds of £1,000 for the relevant damages. If your claim exceeds these limits, it will be allocated to a different court track with more formal procedures.

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Before you start a claim

Courts expect you to have made genuine attempts to resolve the matter before issuing proceedings. This means writing to the other party, explaining what you want and giving them a reasonable chance to respond. Keep copies of all correspondence.

You should also consider whether alternative dispute resolution might work for your situation. ADR covers several different approaches.

Mediation involves a neutral third party helping both sides reach an agreement. It works best when the parties are willing to negotiate but have reached an impasse. A mediator does not decide who is right or wrong but helps find common ground. If mediation fails, you have the option to proceed with your claim. Various providers offer mediation services, including some through the court service itself.

Arbitration involves an independent arbitrator making a binding decision. This is often used where contracts specify arbitration as the method for resolving disputes.

Ombudsman schemes handle complaints against businesses in certain sectors, including financial services, energy suppliers, telecommunications and property. Using an ombudsman is usually free and can be quicker than going to court. The decision is often binding on the business, though you may still have the option to take court action if you are not satisfied.

Judges may ask what steps you took to settle the dispute before coming to court. If you refused a reasonable offer of ADR without good reason, this could affect any costs awarded, even in the small claims track where costs are usually limited.

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How to make a claim

One common method to start proceedings is through the Money Claim Online service. This government website allows you to issue a claim, pay the court fee and track progress from any device with internet access. It is available for straightforward money claims up to £100,000.

Money Claim Online is suitable when you have a clear postal address for the defendant and the claim is for a fixed amount. If your claim involves something other than a specific sum of money, or if there are complications such as multiple defendants, you may need to use a paper form instead.

To issue a claim, you will need to provide details of what happened, why the defendant owes you money and how much you are claiming. Be specific and stick to the facts. You will also need to pay a court fee, which varies depending on the amount claimed. Fee levels are published on GOV.UK and may change, so check the current rates before you begin.

Once your claim is issued, the court sends it to the defendant, who then has a set period to respond. They may admit the claim, dispute it, or make a counterclaim against you. What happens next depends on their response.

What to expect at a hearing

Not all small claims go to a hearing. If the defendant does not respond or admits the claim, you may be able to get judgment without one. If the claim is defended, the court will allocate it to the small claims track and give directions about what each side needs to do to prepare.

Hearings are usually short and informal. They often take place in a private room rather than a traditional courtroom, though they remain open to the public. The judge will ask questions, look at documents and listen to both sides before making a decision.

You can represent yourself or bring someone to speak on your behalf. Legal representation is allowed but not required. You cannot usually recover solicitor fees even if you win, though court fees and limited expenses such as travel costs to attend the hearing can often be recovered. Many people therefore choose to handle their own case.

Bring all relevant documents with you, including contracts, receipts, photographs and correspondence. Organise them clearly so you can find what you need. The judge may ask to see specific evidence during the hearing.

If you win, the court will order the defendant to pay. Collecting the money is a separate matter. If the defendant does not pay voluntarily, you may need to take enforcement action, which involves additional fees and procedures. Information about enforcement options is available on GOV.UK.

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