Small claims court in the UK. What it is and how to use it.

You've had a bad experience. Someone owes you money and won't pay. Or someone's accusing you of owing money and you disagree. You need to get this sorted, but the thought of going to court feels enormous, expensive, and out of reach.

Small claims court is designed for people in exactly your position. It's the path for civil disputes under ten thousand pounds where the courts want to keep things simple, accessible, and quick. The name is honest: these are smaller claims. But they're not treated as less important. They're treated as something that shouldn't require you to hire an expensive lawyer just to get a fair hearing.

This is what you actually need to know about how it works.

The short version

Small claims court in England and Wales handles civil disputes up to ten thousand pounds. That limit includes any interest or costs you're claiming. You can use it for unpaid invoices, damage to your property, contracts gone wrong, holiday let disputes, broken goods, unpaid deposits, faulty workmanship. Almost any money dispute under ten grand.

You start by filing a claim either online via Money Claim Online or on paper. The court sends the claim to the other side. They then decide: pay up, deny it, or propose to settle. Most cases settle at this point without going to a hearing. If no settlement happens, the judge listens to both sides and makes a decision. The whole process usually takes two to six months.

Costs are tightly controlled in small claims. The court fees depend on how much you're claiming. You can recover some legal costs but not much. You pay a lawyer if you hire one, but you don't have to. Many people go through the whole thing representing themselves.

At a glance

When small claims applies

Small claims is the default route for civil claims under ten thousand pounds in England and Wales. You use it unless your case falls into a specific exception.

The exceptions are:

• Personal injury claims. These go to a different track even if the claim is under ten thousand.
• Defamation (libel or slander).
• Some employment disputes.
• Disputes about the right to rent a property (housing).
• Claims involving certain professional negligence.

If your dispute is one of those, you'd need to check which track applies instead. But if you have a straightforward money dispute that doesn't fall into those categories, small claims is the route.

The key numbers you need to know:

• Claim limit: £10,000 (this includes interest and costs you're asking for).
• If you claim £10,000.50, your claim goes to a higher track and the system is more complicated.
• Many claims are much smaller: £500 debt from a friend, £1,500 for faulty work, £3,000 for a holiday let gone wrong.

All of these use the small claims process.

Who can use small claims

Almost anyone. The only real requirements are:

• You have a legitimate money dispute.
• The claim is under the limit for your region (ten thousand pounds in England and Wales).
• You are the person bringing the claim or the company bringing it (your solicitor can file on your behalf, but you don't need a solicitor to do this yourself).

You can bring a claim as:

• An individual (you suing another person).
• A sole trader (your business suing).
• A limited company (though small businesses are more common in small claims).
• A partnership.

You can also be a defendant in small claims. If someone sues you for money, you defend using the same process. Nothing about small claims is exclusive to people who are bringing claims.

Special positions:

• If you're under eighteen, a parent or guardian would normally bring or defend a claim on your behalf.
• If you're abroad, you can still use Money Claim Online, but there are extra steps around where the courts have power to decide the case.
• If you're a business suing a consumer for a small amount, small claims still applies, but there are protections for the consumer.

How much does it cost

Court fees are set by the court system and depend on the amount you claim. They are non-refundable even if you lose.

The scales for England and Wales are:

• Up to £300: £35 fee.
• £300 to £500: £50 fee.
• £500 to £1,000: £70 fee.
• £1,000 to £5,000: £115 fee.
• £5,000 to £10,000: £205 fee.
• Over £10,000: you'd go to a different track (higher fees apply).

If your case goes to a hearing, add the hearing fee (typically £45 to £80 depending on the court).

The full costs of taking a claim through to judgment usually look like this:

• Court fees: £35 to £455.
• Your time (unless you value it as zero).
• Costs to gather evidence (posting documents, expert reports if needed).
• If you hire a lawyer, their fees. These are not recoverable from the other side if you win, so you pay them yourself.

If you win, you can ask the court to order the other side to pay:

• The court fee you paid.
• Fixed legal costs (not your actual lawyer bill, but a standard amount set by the court, usually £50 to £100).
• Your costs for serving the claim and any court hearing fee.

You cannot ask them to pay your solicitor's hourly fees even if you hired one. This is a key difference from higher court tracks. It's one reason many people represent themselves in small claims.

How to file a claim

There are two ways to start a claim: online or on paper.

Online is almost always easier. You go to moneyclaim.gov.uk, set up an account, and fill in a form. You'll need:

• The defendant's name and address (the person or business you're claiming from).
• The amount you're claiming (be precise).
• A clear description of why they owe you (what happened, when, and why it's their fault).
• Evidence. You don't send it with the claim, but you should have it ready (emails, invoices, photos, receipts, texts showing the agreement, proof they received your demand for payment).

The online system walks you through each section. It's designed to be usable without a lawyer. At the end, you pay the court fee and the claim is filed.

On paper, you would fill in form N1 (the civil claim form), attach details of your claim on a separate sheet, and post it to your local court. Paper filing takes longer and is more prone to mistakes, but it's an option if you can't use the online system.

After you file, the court sends a copy to the defendant. The deadline for them to respond is usually 14 days from the date the claim is served.

What happens after you file

After the claim is filed, a few things happen in order:

The defendant receives it. The court sends them a copy. They now have 14 days to respond.

They have three options:

1. Pay you in full, plus costs. The case is over.
2. File a defence (disagree with your claim).
3. Admit liability but ask for time to pay (they owe you but can't pay immediately).

If they do nothing, you can ask the court for judgment by default (the judge rules in your favour without a hearing because they didn't defend).

If they file a defence, the case moves forward. The claim is formally allocated to the small claims track (that allocation letter comes from the court).

The small claims mediation service offers you both free mediation. This is a professional telephone mediator trying to help you settle. It's informal and confidential. Many cases settle at this stage without going to a hearing.

If mediation fails, the court gives you a date for a hearing. Hearings are often held by telephone or video, sometimes in person. The judge reads the evidence you've both submitted, listens to you and the other side explain your position (typically 10 to 20 minutes each), asks questions, and makes a decision.

The judge gives judgment. They explain who wins, how much is owed, and how costs are split. This judgment is binding. If the defendant doesn't pay voluntarily, you can take enforcement action (though enforcement can be complicated and not always successful).

What a hearing is actually like

If you have to attend a hearing, here's what to expect.

Most small claims hearings last between one and two hours. They can be by telephone, video call, or in person at the court. Video and telephone are increasingly common now.

When the hearing starts, the judge explains what they've read (your claim, the defence, any evidence you've both sent in). Then usually the claimant (the person who brought the case, or their representative) speaks first. You explain your side, what happened, and why the defendant owes you money. You might have brought a witness. The judge can ask you questions.

Then the defendant gets their turn. They explain their version. Why they think they don't owe the money, or why you're partly at fault, or why they can't pay.

You get a chance to respond to what they've said. You can ask them questions. The judge can ask them questions.

Then it's over. The judge either gives a decision on the spot or reserves judgment (says they'll decide later and send you the written decision by post).

You don't need to have a lawyer present. You don't need formal evidence like sworn statements. You do need to be clear, honest, and prepared. Bring all the documents that support your case (emails, invoices, photos, receipts, anything that proves what you're saying). Make a list of what you're claiming for so you don't get confused under pressure.

What costs you can recover

This is important because it's different from other court tracks.

In small claims, the costs you can recover are tightly limited. This is intentional. The courts want the process to be accessible. If you had to pay the other side's full lawyer fees, it would defeat the point.

If you win, you can ask the court to order the other side to pay:

• The court fee you paid (the £35 to £455 depending on your claim amount). This is always recoverable.
• Fixed legal costs. These are a standard amount, not your actual lawyer bill. In small claims, fixed costs are usually £50 to £100 depending on what stage the case reached.
• Your costs for service (the cost of getting the claim to the defendant, if it wasn't by email).
• Any court hearing fee you paid.

You cannot recover your lawyer's hourly fees, even if you paid a fortune to hire someone. You cannot recover the value of your own time. You cannot recover costs for expert reports or for having a McKenzie Friend (a non-lawyer support person) sit with you in court.

This is why many people represent themselves in small claims. The cost saving is genuine. If you do hire a lawyer, you're paying them out of your own pocket, win or lose.

Common misconceptions

"Small claims means the case isn't serious." The court takes small claims seriously. The judge will listen carefully and make a proper decision. The track is about keeping costs down and procedure simple, not about the claim being trivial.

"You have to have a lawyer." You don't. You can represent yourself from start to finish. It's common. The court expects it.

"If I win, the other side pays my lawyer fees." Not in small claims. You pay your lawyer yourself, and even if you win, the court only orders them to pay fixed costs (a small amount). This is different from higher court tracks.

"The judge will definitely hear my hearing in person." Not necessarily. Video and telephone hearings are now normal in small claims. In-person hearings are less common.

"If I lose, I can appeal." Not easily. Small claims has very limited appeal rights. You can only appeal on a point of law, not on the judge's decision about the facts. Appeals are rare.

"The other side will definitely pay if I win." Unfortunately, sometimes they don't. Getting judgment is not the same as getting paid. You can take enforcement action (seizing goods, garnishing wages, charging their property), but enforcement can be slow and not always successful. Prevention is easier than enforcement: that's one reason many people try to settle early.

"I need to prove my case beyond reasonable doubt." This is criminal law language. In small claims, the standard is much lower: "balance of probabilities". You need to show it's more likely than not that what you're saying is true.

Related concepts

If you found this page useful, these related topics come up often:

• Money Claim Online. The platform where you start claims in England and Wales.
• The defence. The defendant's formal answer to your claim, filed with the court.
• Judgment by default. When the defendant doesn't respond and the judge rules in your favour without a hearing.
• Mediation. Formal negotiation with a third party (the mediator) trying to help you settle.
• Enforcement. What you do after winning a judgment if the defendant doesn't pay.
• Balance of probabilities. The standard of proof in small claims (more likely than not, not beyond reasonable doubt).
• Fixed costs. The limited amount of legal costs you can recover in small claims (usually £50 to £100).
• Litigant in person. Someone representing themselves in court without a lawyer.
• McKenzie Friend. A non-lawyer who can sit in court with you and give quiet support.

Sources

The information on this page is based on:

• Ministry of Justice. Courts and Tribunals Judiciary. https://www.judiciary.uk/
• HM Courts and Tribunals Service. Making a claim for money. https://www.gov.uk/make-court-claim-for-money
• Money Claim Online. Claiming in small claims court in England and Wales. https://www.moneyclaim.gov.uk/
• Citizens Advice. Small claims and the court. https://www.citizensadvice.org.uk/

This page was reviewed for accuracy on 2026-05-27. UK civil court procedure changes occasionally, check the official court websites for the most current information.

A note on what this page is and isn't

This is information about how small claims court works. It is not legal advice about your particular situation. It describes the process, not what you should do in your case.

CaseCalm helps litigants in person understand UK court procedures and draft their own documents. We are not a law firm and we are not authorised by the SRA. When your situation needs real legal advice, we point you to qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-27. Comments or corrections to peter@casecalm.com.