Small Claims

The small claims track is normally used for straightforward civil disputes worth £10,000 or less in England and Wales.

The person making the claim is the claimant. The person or organisation against whom the claim is made is the defendant.

The court decides which track is appropriate. A claim below £10,000 may be allocated elsewhere if it is unusually complex, while a higher-value case may occasionally be dealt with as a small claim where appropriate.

Scotland and Northern Ireland have separate court procedures.

Common Small Claims

Small claims commonly involve:

• unpaid debts and invoices;
• faulty goods;
• poor workmanship or defective services;
• building and home-improvement disputes;
• deposits;
• property damage;
• landlord and tenant disputes;
• consumer-contract claims;
• vehicle repairs or sales;
• travel disputes; and
• other straightforward contract or negligence claims.

Some claims must follow specialist procedures before court proceedings are started.

The £10,000 Limit

The small claims track is normally used where the financial value is no more than £10,000.

Interest and court costs are generally disregarded when deciding the value for allocation purposes.

The court will also consider complexity, the remedy sought, the evidence required and the number and circumstances of the parties.

Personal Injury and Housing Claims

Different limits apply to some personal injury claims.

For many personal injury cases, damages for pain, suffering and Loss of amenity must not exceed £1,500 for the case to remain within the small claims track.

For certain road traffic accident injuries, the relevant figure is generally £5,000, subject to exceptions and the Official Injury Claim procedure.

Housing disrepair claims may also be treated differently where the tenant seeks both compensation and an order requiring repairs.

Specialist advice should be considered for personal injury and housing cases.

Check the Time Limit

Claims must be started within the applicable limitation period.

Common periods include:

• six years for many breach-of-contract claims;
• six years for many negligence claims involving financial or property loss;
• three years for most personal injury claims; and
• twelve years for some claims under a deed.

Different rules apply to claims involving land, trusts, fraud, concealment, mistake, children and people lacking capacity.

Complaints, negotiation and mediation do not normally stop time running.

Identify the Correct Defendant

The claim must be brought against the correct person or legal entity.

Before issuing proceedings, check:

• the defendant’s full legal name;
• their current address;
• the company or partnership number where relevant;
• the name shown on the contract or invoice;
• whether the business is still trading;
• whether insolvency proceedings are underway; and
• whether another party may also be liable.

A trading name may not be a separate legal person. Judgment against the wrong defendant may be impossible to enforce.

Consider Whether the Defendant Can Pay

Winning does not guarantee payment.

Before starting proceedings, consider whether the defendant:

• has income or assets;
• owns property;
• is still trading;
• is bankrupt or insolvent;
• has other unpaid judgments; or
• is protected by a formal debt arrangement.

Enforcement is separate from the claim and usually involves further fees.

Breathing Space

Certain debt-recovery and enforcement actions may be restricted. At the same time, an individual is protected by a Breathing Space moratorium.

A creditor receiving a Breathing Space notification should check which actions are prohibited before issuing proceedings or commencing enforcement proceedings.

Try to Settle Before Court

Court proceedings should normally be a last resort.

Before issuing a claim, consider:

• making a formal complaint;
• using an ombudsman or redress scheme;
• sending a letter before claim;
• exchanging relevant documents;
• making a settlement offer;
• negotiating directly; or
• using mediation or another form of alternative dispute resolution.

The court may consider pre-action conduct when giving directions and deciding costs.

Pre-Action Protocols

Some disputes are covered by a specific Pre-Action Protocol, including certain claims involving:

• personal injury;
• professional negligence;
• construction;
• housing disrepair;
• business debts owed by individuals or sole traders; and
• clinical disputes.

Where no specific protocol applies, the parties should follow the Practice Direction on Pre-Action Conduct and Protocols.

The steps taken should remain proportionate to the value and complexity of the dispute.

The Letter Before Claim

A claimant should normally send a clear letter before starting proceedings.

It should include:

• the parties' correct names and addresses;
• a concise explanation of what happened;
• the legal or contractual basis of the claim;
• the amount claimed and how it is calculated;
• copies of important documents;
• any interest claimed;
• the action required; and
• a reasonable response deadline.

Fourteen days may be sufficient for a simple matter, while a longer period may be required under a specialist protocol.

Responding to a Letter Before Claim

A recipient should not ignore a letter before claim.

The response should normally:

• state whether the claim is admitted or denied;
• explain the defence;
• identify disputed facts;
• supply relevant documents;
• identify any counterclaim;
• request missing information; and
• make a settlement proposal where appropriate.

Consumer Claims

Many small claims concern faulty goods, digital content or services not carried out with reasonable care and skill.

Before issuing proceedings, consider:

• the Consumer Rights Act 2015;
• whether repair or replacement was offered;
• whether a price reduction or refund is available;
• any guarantee or warranty;
• credit-card or finance-provider rights;
• chargeback; and
• an ombudsman or alternative dispute resolution scheme.

A guarantee does not replace statutory consumer rights.

Evidence

Keep relevant evidence from the beginning.

This may include:

• contracts and terms;
• quotes and invoices;
• receipts and bank statements;
• emails, letters and messages;
• photographs and videos;
• delivery and repair records;
• expert opinions;
• advertisements;
• witness details; and
• evidence of financial loss.

Retain original records where possible and do not alter electronic evidence.

Calculating the Claim

The claimant must explain how the amount has been calculated.

A claim may include:

• the unpaid debt or contract price;
• repair or replacement costs;
• loss in value;
• reasonably foreseeable consequential loss;
• court fees; and
• permitted interest.

Speculative, avoidable or unrelated losses are not normally recoverable.

Reducing Loss

A claimant must take reasonable steps to prevent avoidable Loss from increasing.

This is known as mitigation.

The claimant is not required to take unreasonable risks or accept an inadequate remedy.

Interest

Interest may be claimed under the contract, legislation or section 69 of the County Courts Act 1984.

The claim should explain:

• the legal basis;
• the rate;
• the period claimed;
• the amount accrued; and
• the daily rate where interest continues.

Interest at 8% is not automatically available in every case.

Starting a Claim

The most straightforward claims for a fixed amount can be started through the Government's online money claim service.

An online claim may be suitable where:

• the amount is known;
• the defendant has an address in England or Wales;
• the defendant is capable of being sued; and
• no specialist procedure applies.

A claimant unable to use the online service may use Form N1 and submit it through the current HMCTS process.

Completing the Claim

The claim should identify:

• the parties;
• the agreement or duty relied upon;
• what the defendant did wrong;
• when it happened;
• the Loss caused;
• the remedy sought;
• the amount claimed;
• any interest; and
• the pre-action steps taken.

The claimant must sign a statement of truth.

Knowingly making a false statement may lead to contempt proceedings.

Particulars of Claim

The particulars of claim provide the detailed basis of the case.

They may be included in the claim form or served separately, where permitted.

Separate particulars must comply with the Civil Procedure Rules. A poorly drafted claim may be struck out or require amendment.

Court Fees and Help with Fees

A fee is payable when most claims are issued.

The amount depends on:

• the value of the claim;
• whether it is issued online or by post;
• whether the amount is fixed; and
• the current fee rules.

Further fees may apply for hearings, applications, enforcement and appeals.

Help with Fees may be available depending on income, benefits, savings and household circumstances.

Help with Fees covers court fees, not solicitors, barristers or experts.

Service of the Claim

The court will normally serve the claim unless the claimant chooses or is required to arrange service.

Service must comply with the Civil Procedure Rules and depends on whether the defendant is an individual, a company, a partnership, a public body, or an overseas party.

Responding to the Claim

A defendant normally has 14 days after deemed service of the particulars of claim to respond.

The defendant may:

• pay the claim;
• admit all or part of it;
• file a defence;
• acknowledge service;
• make a counterclaim; or
• challenge jurisdiction.

A valid acknowledgement of service normally extends the defence deadline by 28 days from the service of the particulars.

Admitting the Claim

A defendant may admit the claim and offer:

• immediate payment;
• payment by a stated date; or
• payment by instalments.

If instalments are disputed, the court may determine the payment rate.

Defending the Claim

A defence should state:

• which allegations are admitted;
• which are denied and why;
• the defendant’s account;
• any legal defence;
• whether the amount is disputed;
• whether the claimant failed to mitigate; and
• whether a counterclaim is made.

The defence must be verified by a statement of truth.

Counterclaims

A defendant may bring a counterclaim where the claimant also owes money or caused Loss.

A fee may be payable, and the value or complexity of the counterclaim may affect allocation.

Default Judgment

If the defendant does not respond within the time allowed, the claimant may request a default judgment.

The court may order payment of the amount claimed, interest and allowable costs.

Default judgment is not always entered automatically and may be unavailable where service was defective.

Setting Aside Default Judgment

A defendant may apply to set aside default judgment.

The court may do so where:

• the judgment was wrongly entered;
• the defendant has a real prospect of successfully defending the claim; or
• there is another good reason.

The application should be made promptly.

Directions Questionnaires

Where a defence is filed, the parties may be required to complete Form N180 or an online equivalent.

It may ask about:

• hearing availability;
• witnesses;
• expert evidence;
• mediation;
• venue;
• accessibility needs; and
• whether the case can be decided without a hearing.

Failure to return the form can result in the claim or defence being struck out.

Mandatory Small Claims Mediation

Defended money claims of £10,000 or less are normally referred to the Small Claims Mediation Service.

The service is:

• free;
• confidential;
• normally conducted by telephone; and
• intended to help the parties reach a binding settlement.

The mediator does not decide the case or provide legal advice.

Preparing for Mediation

Consider:

• the strengths and weaknesses of the case;
• the available evidence;
• the amount genuinely in dispute;
• the cost and time of continuing;
• the risk of losing;
• whether instalments are acceptable; and
• the settlement range you can accept.

If mediation succeeds, the agreement is binding. If it fails, the case continues.

Allocation and Directions

The court considers value, complexity, evidence, remedies, parties and expert requirements when allocating the case.

After allocation, the court will issue directions covering matters such as:

• exchange of documents;
• witness statements;
• expert reports;
• hearing bundles;
• hearing fees; and
• the hearing date.

Failure to comply may result in evidence being excluded, costs orders or the claim or defence being struck out.

Expert Evidence

Expert evidence normally requires the court’s permission.

It may be relevant in disputes involving building work, vehicle defects, valuation, medical issues or technical services.

The court may require a single joint expert. Recoverable expert fees are limited, so expensive reports should not be commissioned without considering proportionality and permission.

Witness Statements

A witness statement should:

• identify the witness;
• set out events clearly;
• refer to relevant documents;
• distinguish personal knowledge from information received; and
• include a statement of truth.

A witness may need to attend the Hearing to be questioned.

Preparing for the Hearing

Documents should be organised clearly and usually in date order.

A bundle may include:

• the claim and defence;
• court orders;
• the contract;
• correspondence;
• photographs;
• receipts and invoices;
• expert reports;
• witness statements;
• a chronology; and
• a schedule of loss.

Only relevant material should be included.

Paper and Preliminary Hearings

The court may decide the claim without an oral hearing where the parties agree or the rules permit.

A preliminary hearing may be arranged to clarify issues, give directions, consider expert evidence or deal with an application.

The Small Claims Hearing

The Hearing may take place in person, by telephone or by video.

The judge may:

• ask questions directly;
• hear witnesses;
• consider documents and photographs;
• limit irrelevant evidence;
• encourage settlement; and
• give judgment immediately or later.

The procedure is less formal than a higher-value trial but remains a court hearing.

Representing Yourself

A party may represent themselves or instruct a solicitor or barrister.

A lay person may sometimes provide support or speak with the court's permission.

Unrepresented parties must still comply with court orders and deadlines.

Presenting the Case

Explain:

• what agreement or duty existed;
• what happened;
• what the other party did wrong;
• which evidence supports the case;
• what Loss resulted;
• how the amount is calculated; and
• what order is requested.

Focus on the legal issues rather than personal criticism.

The Standard of Proof

The claimant must prove the case on the balance of probabilities.

This means the court must consider the claimant's account to be more likely than not correct.

Judgment

The judge may:

• award all or part of the claim;
• dismiss the claim;
• decide a counterclaim;
• order immediate or instalment payment;
• award interest; and
• decide costs and expenses.

Costs in Small Claims

Legal costs are only recoverable to a limited extent.

A successful party may recover:

• court fees;
• fixed issue costs;
• reasonable travel and accommodation expenses;
• limited Loss of earnings or leave;
• limited expert fees; and
• additional costs caused by unreasonable behaviour.

Ordinary Loss of earnings or leave is currently capped at £95 per person per day, and expert fees at £750 per expert, unless the court or rules provide otherwise.

Unreasonable Behaviour

Additional costs may be awarded where a party behaves unreasonably, for example by ignoring orders, failing to attend, raising knowingly false allegations or causing unnecessary delay.

Losing the case does not itself amount to unreasonable behaviour.

Settlement

A settlement offer should state:

• the amount or action proposed;
• whether interest and costs are included;
• the deadline for acceptance;
• when payment will be made; and
• what happens to the claim and counterclaim.

If settlement is reached, the court should be informed immediately.

Enforcing Judgment

The court does not automatically collect the money.

Enforcement options include:

• a warrant or writ of control;
• an attachment of earnings order;
• a third-party debt order;
• a charging order;
• an order to obtain information;
• bankruptcy proceedings; and
• winding-up proceedings.

The appropriate method depends on the debtor's assets, employment and solvency.

County Court Judgments

A County Court judgment may affect credit.

If paid within one calendar month, it can normally be removed from the register.

If paid later, it can be marked as satisfied but may remain registered for six years.

Appeals

Permission to appeal is normally required.

An appeal may be based on:

• an error of law;
• the wrong legal test;
• a serious procedural error;
• a decision unsupported by the evidence; or
• unfairness.

An appeal is not a full rehearing simply because a party disagrees with the result.

The usual deadline is commonly 21 days, unless the court orders otherwise.

When Legal Advice May Be Needed

Advice may be useful where:

• limitation is approaching;
• the correct defendant is uncertain;
• the contract is complex;
• fraud is alleged;
• expert evidence is required;
• there is a counterclaim;
• the case may leave the small claims track;
• the defendant is insolvent;
• default judgment must be set aside;
• an appeal is being considered; or
• enforcement may be difficult.

How a Small Claims Solicitor Can Help

A civil litigation solicitor may assist with:

• assessing the claim or defence;
• checking limitation;
• identifying the correct parties;
• drafting pre-action correspondence;
• calculating Loss and interest;
• drafting the claim, defence or counterclaim;
• preparing evidence and witness statements;
• advising on mediation;
• representing a party at a hearing;
• setting aside judgment;
• appeals; and
• enforcement.

Finding a Small Claims Solicitor

The small claims track is intended to provide a proportionate procedure for lower-value disputes, but strict deadlines and evidential requirements still apply.

Before issuing proceedings, preserve the evidence, send an appropriate letter before claim and consider settlement or mediation.

Use the search facility at the top of this page to find a civil litigation solicitor who can advise on making, defending, settling or enforcing a small claim.

This guide provides general information about small claims in England and Wales. It does not constitute legal advice and should not replace advice about a particular dispute.