Eligibility Checklist for the Small Claims Track
Check whether your dispute is suitable for the County Court small claims track.
Overview
The small claims track is the default track for claims with a value of up to £10,000 (CPR r.26.6). It is designed for straightforward disputes where the parties can realistically represent themselves. The track is not appropriate for all disputes — some types of claim should proceed on a different track regardless of value. Assignment to the small claims track means very limited costs recovery: even if you win, you cannot generally recover legal fees.
Monetary Limits
Your claim is for £10,000 or less (or £1,000 or less for personal injury claims where the claimant is an individual)(Essential)
Claims for £25,000 or less in housing disrepair cases can also use the small claims track in certain circumstances
If your claim is for more than £10,000, you may still agree with the other side to use the small claims track
Suitable Claim Types
Contract disputes (e.g. builder fails to complete work, faulty goods, unpaid invoices)
Consumer disputes (e.g. goods not of satisfactory quality under the Consumer Rights Act 2015, s.9)
Disputes about money owed between individuals or businesses
Simple negligence claims not involving personal injury exceeding £1,000
The claim is NOT: libel, slander, fraud, professional negligence (complex), or a claim that needs expert evidence the court would not permit(Essential)
These types of claim require the fast track or multi-track
Procedural Requirements
You have sent a pre-action letter and allowed a reasonable time for a response (14–28 days)(Essential)
Courts expect claimants to have tried to resolve the dispute before issuing proceedings
You know the defendant's full name and address for service(Essential)
The claim is brought in England or Wales (jurisdiction)(Essential)
Related Guides
Related Rights
Official Resources
Frequently asked questions
- What is the maximum amount I can claim in small claims court?
- The small claims track is the default for claims valued up to £10,000. Personal injury claims by individuals are limited to £1,000. Housing disrepair cases up to £25,000 may also qualify in certain circumstances. If your claim exceeds £10,000, you can still use this track if both parties agree.
- What types of disputes are suitable for the small claims track?
- The track suits straightforward disputes like contract issues, faulty goods, unpaid invoices, and simple negligence under £1,000. It is not appropriate for libel, slander, fraud, complex professional negligence, or claims requiring specific expert evidence. These excluded types must proceed on the fast track or multi-track.
- Can I use small claims court if my claim is worth more than £10,000?
- Yes, but only if both parties agree to use the small claims track. While the default limit is £10,000, mutual consent allows higher-value disputes to proceed on this track, provided the case remains straightforward enough for self-representation.
- What procedural steps must I complete before issuing a small claims claim?
- You must send a pre-action letter and allow a reasonable time, typically 14 to 28 days, for a response. You also need the defendant's full name and address for service. The claim must be brought in England or Wales. Courts expect you to have attempted resolution before issuing proceedings.
- Will I get my legal costs back if I win my small claims case?
- Generally, no. Assignment to the small claims track means very limited costs recovery. Even if you win the case, you cannot usually recover your legal fees from the other party. This is a key consideration when deciding whether to hire a solicitor for your dispute.
- Is the small claims track suitable for all types of civil disputes?
- The small claims track is designed for straightforward disputes where parties can realistically represent themselves. It is not suitable for complex cases, such as those involving fraud, libel, or significant expert evidence, which must be handled on the fast track or multi-track instead.