Evidence Checklist for a Small Claims Hearing
Everything you need to gather and organise before your small claims court hearing.
Overview
The small claims track is deliberately informal, but the strength of your evidence determines the outcome. Judges decide cases on the balance of probabilities — whoever presents clearer, more reliable evidence usually wins. Gather documents early, organise them chronologically, and prepare a paginated bundle. Send copies to the court and the other party by the deadline set in the directions.
Key Documents
Written contract, agreement, or terms and conditions(Essential)
If no written contract, set out the oral terms in your witness statement
Receipts, invoices, or order confirmations(Essential)
Include all financial transactions relevant to the claim
All correspondence (emails, texts, letters) with the other party(Essential)
Include messages that show what was agreed and what went wrong
Photographs or video evidence of defective goods, poor workmanship, or damage
Timestamp metadata on digital photos can be very useful
Warranties, guarantees, or product descriptions
Financial Evidence
Bank statements showing payments made(Essential)
Highlight the relevant transactions
Receipts for any remedial or replacement costs(Essential)
Quotes or estimates for repairs or replacements
At least two quotes help establish a reasonable market rate
Itemised schedule of losses (what you are claiming and why)(Essential)
Present this as a clear table: date, item, amount
Supporting Evidence
Signed witness statements from anyone who saw the relevant events
Witness statements should state the witness's full name, address, and what they saw or heard
Expert report (e.g. from a surveyor or mechanic) if technical issues are in dispute
Expert reports on the small claims track are limited to £750 — get court permission first
Copy of any relevant consumer legislation or trader's own policy
Record of any complaint made to an ombudsman or trading standards
Related Guides
Related Rights
Official Resources
Frequently asked questions
- How important is evidence in a small claims hearing?
- The small claims track is informal, but judges decide cases on the balance of probabilities. This means the party presenting clearer and more reliable evidence usually wins. You should gather documents early, organise them chronologically, and prepare a paginated bundle. Copies must be sent to the court and the other party by the deadline set in the directions.
- What financial documents should I include in my evidence bundle?
- You should include receipts, invoices, order confirmations, and bank statements showing payments. Highlight relevant transactions in bank statements. Include receipts for remedial or replacement costs, and provide at least two quotes for repairs to establish a reasonable market rate. Also, prepare an itemised schedule of losses presented as a clear table with dates, items, and amounts.
- Can I use witness statements or expert reports as evidence?
- Yes, you can include signed witness statements from anyone who saw the relevant events. Each statement must state the witness's full name, address, and what they saw or heard. If technical issues are in dispute, you may also include an expert report, but note that expert reports on the small claims track are limited to £750 and require court permission first.
- What types of correspondence and visual evidence should I collect?
- You should gather all correspondence with the other party, including emails, texts, and letters. These messages should show what was agreed and what went wrong. If there is no written contract, you should set out the oral terms in your witness statement. Also include photographs or video evidence of defective goods or damage, as timestamp metadata on digital photos can be very useful.
- Should I include records of previous complaints or policies?
- You should include a copy of any relevant consumer legislation or the trader's own policy. Additionally, include a record of any complaint you made to an ombudsman or trading standards. These documents help demonstrate the context of the dispute and any previous attempts to resolve the issue before court.