Small Claims Track vs Fast Track
Understanding the difference between the County Court small claims track and fast track, and which is appropriate for your civil claim.
Overview
When a civil claim is defended in the County Court, it is allocated to one of three tracks: the small claims track (claims up to £10,000), the fast track (£10,000–£25,000), or the multi-track (above £25,000 or complex cases). Track allocation determines the procedural rules, the hearing format, and — critically — the costs rules. The fast track imposes fixed costs from April 2023 (Civil Procedure Rules r.45.29A onwards).
Side-by-Side Comparison
Small Claims Track
Pros
- Very limited costs exposure — even if you lose, you generally pay no more than court fees and fixed witness expenses
- Informal hearings before a District Judge — no legal formality required
- Fixed hearing fee included in the issue fee for claims under £10,000
- Free HMCTS Small Claims Mediation Service available
Cons
- Even if you win, you cannot recover legal fees — so instructing a solicitor is usually uneconomic
- Limited to £10,000 (£1,000 for personal injury) unless agreed otherwise
- Expert evidence is tightly controlled (cap of £750 per report, court permission required)
- Enforcement is your own responsibility after judgment
Best For
Consumer disputes, unpaid invoices, minor contract disputes, faulty goods and services claims — where the value is under £10,000 and the facts are straightforward.
Fast Track
Pros
- More structured process with exchange of witness statements and expert reports
- If you win, you can recover fixed costs from the losing party (April 2023 fixed costs regime)
- Suitable for moderately complex disputes requiring proper case management
- Expert evidence in two disciplines is permitted
Cons
- Higher court fees than small claims track
- More procedurally demanding — failure to comply with directions can lead to sanctions
- Even with fixed costs recovery, solicitor fees can significantly exceed what you recover
- Hearing listed for a set period (usually one day) — more pressure to prepare thoroughly
Best For
Personal injury claims, professional negligence claims, and commercial disputes in the £10,000–£25,000 range where the facts are reasonably well defined.
Key Differences
Our Recommendation
If your claim value is under £10,000, the small claims track is almost always preferable — the informal process, free mediation service, and minimal costs exposure make it accessible. For claims above £10,000, the fast track is unavoidable for defended cases, but the fixed costs regime (from October 2023) makes recovery more predictable. Consider instructing a solicitor for fast track cases where the costs of representation are likely to be recoverable.