You Want to Bring a Small Claim
The small claims track is the county court's procedure for straightforward claims up to £10,000. It is designed for litigants in person, is relatively informal, and limits recoverable legal costs.
Quick Answer
Claims up to £10,000 (£1,500 for personal injury and housing disrepair) are allocated to the small claims track. Use Money Claims Online (MCOL) or Form N1 to issue. A mediation referral is usually made before trial. Hearings are informal and you do not need a solicitor — but you should write a pre-action letter first. Court fees apply (scaled by claim value).
Full Explanation
The small claims track is governed by CPR Part 27. It applies automatically to claims of £10,000 or less (except personal injury claims over £1,500 and housing disrepair claims over £1,500). Claims on the small claims track are subject to a simplified procedure and restricted costs rules: the loser generally pays only the court fees and, in limited circumstances, up to £750 in legal costs — not the other side's full legal costs as in higher-value claims.
Before issuing a claim, you should send a clear pre-action letter (letter before claim) to the other party identifying the claim, the amount sought, the basis for the claim, and a deadline for response (usually 14 days). Compliance with the relevant pre-action protocol is expected. Failure to do so may result in adverse costs orders.
To issue a claim, you can use Money Claims Online (MCOL) at moneyclaims.service.gov.uk for claims up to £100,000. Alternatively, use Form N1 filed at a county court hearing centre. Court fees are payable on issue — they are scaled to the value of the claim (from £35 for claims up to £300 to £455 for claims up to £10,000, approximately). These fees are recoverable if you win.
After the defendant responds, both parties will be sent a Directions Questionnaire (DQ). On the small claims track, standard directions include: exchange of witness statements, exchange of documents, and a hearing date. The court will usually refer the parties to the Small Claims Mediation Service before the hearing — a free, telephone-based mediation that resolves around 70% of referred disputes.
Small claims hearings are informal. The District Judge will ask questions of both parties, consider the documents, and give judgment. There is no strict adherence to rules of evidence. You may represent yourself, and you may bring a 'lay representative' (a friend or family member) to assist you. Expert evidence requires the court's permission.
If you win, the judgment will specify what the defendant must pay. If the defendant does not pay voluntarily, you will need to take enforcement action — a Warrant of Control (bailiffs), a Charging Order, or an Attachment of Earnings Order.
Legal Basis
- §CPR Part 27 — small claims track
- §CPR r.27.14 — costs on small claims track
- §CPR Part 26 — allocation to track
- §CPR Practice Direction 27 — small claims hearings
What To Do
Send a Pre-Action Letter
Before issuing, send a clear letter to the defendant explaining the claim, the amount, why you are entitled to it, and giving them 14 days to respond or pay. Keep a copy with proof of delivery.
Issue Your Claim via MCOL or Form N1
Register at moneyclaims.service.gov.uk to issue online (MCOL), or collect Form N1 from a county court. Complete the claim form with precise particulars of claim. Pay the court fee.
Complete the Directions Questionnaire
When the court sends the DQ, complete and return it by the deadline. Request the Small Claims Mediation Service in the DQ if you are willing to mediate (you generally should be).
Prepare Your Evidence Bundle
Organise your documents (contracts, invoices, photographs, correspondence, receipts) into a clear bundle. Prepare a brief witness statement setting out the facts. Exchange with the other side and file with the court as directed.
Attend Mediation and/or the Hearing
If referred to the Small Claims Mediation Service, attend the telephone mediation — many cases settle here. If not, attend the hearing, present your case clearly, and focus on the key facts and evidence.
Important Deadlines
Important Warnings
If you lose a small claims case, you will generally only pay the defendant's court fees and fixed costs — not their full legal costs. However, bringing a hopeless claim may result in a wasted costs order.
Winning a judgment does not automatically mean you will receive the money — if the defendant does not pay, you must take separate enforcement action (warrant of control, charging order, etc.) which involves further costs and delays.
The small claims track is not suitable for cases involving complex points of law or specialist evidence — if the claim is complicated, it may be allocated to the fast track, where the costs rules are very different.