Small claims court

Small claims court
Settle consumer disputes legally

Court claims, formerly referred to as ‘small claims,’ offer a straightforward method for pursuing legal action against a company or individual in the UK for amounts up to £10,000. However, ensure you have a strong case before proceeding, as recent fee changes mean you’ll incur double the costs if you lose. This guide provides instructions on filing a claim, assesses whether it’s the optimal route, and shares tips to maximize your chances of success.

Although we have taken great care to ensure the accuracy of this article, it is not intended to provide legal advice specific to your situation. We cannot be held responsible for any loss or damage that may occur from your use of this information.

What counts as a small claim?

There is no official entity known as the ‘small claims court’. This term refers to a simplified process for court claims that are typically resolved within a day and involve amounts less than £10,000.

Key benefits of this process include the ability to apply online, maintaining an informal atmosphere, and not requiring a lawyer. Additionally, some claims may go undefended, resulting in an automatic win for you. If you do happen to lose, the costs awarded against you are generally minimal.

Going to court should be a last resort

Resorting to court action should not be your initial approach for seeking redress. It is essential to demonstrate that you have attempted to resolve the matter before pursuing legal action; failing to do so might result in penalties from the court.

The court anticipates that you have formally submitted your claim in writing, allowing the other party a reasonable period to respond (it’s advisable to set a specific deadline in your complaint letter). Additionally, you should inform them that you will proceed with court action if they do not respond within the stipulated time. Sometimes, merely stating this can prompt them to address the issue.

You might be able to resolve the issue during mediation

You might be inclined to seek a courtroom resolution, but don’t dismiss the potential for a favorable outcome through ‘mediation’.

An hour of mediation has become a mandatory part of the court claim procedure. The HM Courts and Tribunal Service will reach out to you regarding monetary claims below £10,000.

This service is included in your initial fees, so there’s no extra cost. Since most mediations are conducted via telephone, it saves both time and the costs associated with attending court.

You can’t guarantee a case goes to the small claims court

You can’t insist on taking your case to small claims court. There’s a slight chance the judge might determine that your case is too complicated or that the hearing could exceed a single day, making it unsuitable for small claims court. Therefore, it’s essential to be ready for this possibility.

Consider an ombudsman or watchdog instead

Filing a court claim should be a final option; initially, try bringing your complaint to an ombudsman or consumer watchdog, which are dedicated to safeguarding consumer interests. Ombudsman services are entirely free, ensuring that you won’t incur any costs or have expenses awarded against you, so there’s no risk involved. Besides evaluating the legal aspects, an ombudsman also takes into account best industry practices, potentially increasing your likelihood of a favorable outcome.

• Ombudsman services, and organisations with similar remits, help with individual complaints, though you must try to sort it by yourself with the company first.
• Watchdogs do not usually have the power to force action on a company or industry or to solve individual complaints. Yet they do encourage consumers to submit complaints, so they can spot areas that may need further investigation.

Refer to the “How To Complain” guide for a comprehensive list of ombudsman services, trade associations, consumer organizations, government bodies, and watchdogs you can approach with your complaints as an alternative to legal action.

Keep the claim below £10,000 in England and Wales (other limits elsewhere)

If your claim exceeds the small claims limit, which is the simplest method for filing, you might not qualify for this process. If your claim is slightly over the threshold, you might want to reduce your demand to £10,000, even if your previous correspondence requested a higher amount.

For claims that surpass the £10,000 limit, you will probably enter the ‘fast track’ or ‘multi-track’ system, which is outside the purview of this guide. These processes tend to be more formal, so seeking legal advice before proceeding with such a claim is advisable.

See the HM Courts & Tribunals Service for more information on larger claims, and how to find your local court.

In Scotland the small claims (known as ‘Simple Procedure’) maximum is £5,000 while in Northern Ireland it’s £3,000. Across the rest of Europe, it’s €5,000 using the European small claims procedure (see the European Consumer Centre for more).

You don’t need a lawyer

In most situations, legal representation is not necessary. The small claims system is specifically structured to be navigable without a lawyer. However, if you do require support, free resources like Citizens Advice Bureaux are included in the How To Complain guide for your reference.

You can claim for things that have happened in the last six years (five in Scotland)

To initiate a claim, you must formally file a claim form rather than just sending a letter of complaint. This process needs to be completed within the ‘limitation period,’ which is typically six years from the date when your right to make a claim first emerged in England, Wales, and Northern Ireland, and five years in Scotland.

You could win by default

If the individual or company you’re filing a claim against does not respond within 14 days, you have the option to request a ‘judgment by default’ from the court. Should this occur, you might win the case automatically. However, it’s important not to depend on this outcome—just know that it’s an available option.

When claiming a specific amount and seeking a default judgment, it will be for the amount you specified. But if you claim an exaggerated sum, it could give the defendant a stronger basis to request the court to overturn the judgment.

If they haven’t got the money, suing won’t help

Before proceeding, ensure that the shop or individual has the financial means to settle the claim. Without this confirmation, pursuing legal action might prove futile.

If your dispute has been especially contentious and the business or individual remains uncooperative despite your complaints, it’s wise to reassess whether they are likely to fulfill any payment obligations. Regrettably, a court victory doesn’t necessarily guarantee that you will receive the funds.

When it comes to companies, a small percentage of cowboy firms will do all they can to avoid paying out, even if you get the bailiffs on them. One way to check a company’s history is to run a judgment search at the Registry Trust. It costs from £6 and it may help you decide if it’s worth carrying on your claim.

You won’t necessarily get the amount you’ve asked for – even if you win

If you do win, don’t forget that the money that might be awarded by the judge won’t necessarily be as much as you originally claimed for.

You will be awarded what you legally deserve, which may be what you claimed or less. The general object of compensation is to put you in the same position, moneywise, in which you would have been, had the person or company not acted in the way about which you are complaining. It isn’t to make a profit out of it.

Is your claim genuine?

Before proceeding further, take a moment to evaluate if your claim is genuinely valid. If your case ends up in court, the judge will scrutinize the accuracy of your assertions and, more crucially, assess whether you’re being truthful or exaggerating. If the judge determines that you’re not being honest, you won’t succeed in your case, so it’s essential to be honest with yourself. Reflect on the following questions:

• Have I been genuinely wronged?
• Can I afford the process?
• Is it worth it?

Only if you can answer “yes” to all three of these questions should you think about initiating the small claims process. Keep in mind that it involves completing forms and will require a significant amount of time, so it should not be approached casually.

What can I make court claims for?

You have the option to file a court claim for most breach of contract disputes, although achieving a favorable outcome depends on various factors. The court’s decision will be based on legal principles.

The procedure remains consistent regardless of whether you are pursuing a claim against an individual or a business. Whether you’re seeking compensation for a malfunctioning washing machine from a reputable company or for subpar work performed by an unreliable contractor your friend suggested, you might find yourself in the small claims court.

Some things to try first

Have you ever attempted to return defective or subpar products to a store, only to have your complaint brushed aside? Remember, as a consumer, you possess certain rights, whether you’ve purchased goods or services. Know your consumer rights before you go any further with your court claim.

Once you’re aware of your rights, and if you intend to escalate your complaint to its fullest potential before considering legal action, refer to the “How to Complain” guide. This resource provides detailed, step-by-step instructions on how to advocate effectively for your rights.

If you’re experiencing issues with a financial services provider, you can file a complaint with the Financial Ombudsman Service. Using the ombudsman is a risk-free option—it’s entirely free of charge. Even if the ombudsman’s decision doesn’t favor you, you won’t be in a worse position than if you hadn’t made the complaint. For guidance on how to lodge a complaint, seek assistance, and potentially secure compensation, visit Your Financial Rights.

Quick questions

What are the most common type of small claims?

The typical matters addressed through the small claims process encompass:

• Claims for compensation due to substandard services rendered by professionals such as builders, dry cleaners, or auto repair shops.
• Claims for reimbursement for defective products, such as televisions or washing machines that malfunction.
• Disputes between landlords and tenants, including issues like unpaid rent or compensation for failure to perform necessary repairs.
• Claims from tenants against landlords for repairs or maintenance tasks, provided the cost of such work does not exceed £1,000.
• Claims for unpaid wages (for instance, freelancers not receiving payment) or compensation in lieu of notice.

Flight delay reclaiming? Court isn’t always necessary, see the Flight Delay Compensation guide.

Is there anything you can’t sue for in small claims?

You cannot file a personal injury claim or a claim from tenants against landlords for repair costs exceeding £1,000 in the small claims court.

Certain types of claims are generally outside the scope of the small claims court, even if the amount of damages sought is relatively modest. Intellectual property disputes are one such example.

What about cases outside the UK?

If the defendant resides outside of England and Wales, you cannot file your claim online. In such cases, you might require the court’s authorization to deliver the claim form.

Special procedural rules apply in these situations, which can be complex. Therefore, it may be necessary to consult the court for guidance.

There is a special procedure for European cross-border claims (eg, you’re shunted at traffic lights in Rome and want to claim here). The claim limit is €5,000 using the European small claims procedure (see the European Consumer Centre for more).

You can file a standard claim form through the county court. If your claim is successful, the court may order the opposing party to cover your costs, which can include fees for translation services.

In Scotland, the upper limit for small claims is £5,000, whereas in Northern Ireland, it is £3,000.

How much are the fees for court claims?

Let’s address the crucial issue: what will the expense be? However, before diving into the numbers, there’s an important detail to consider…

If you win your case, it won’t cost you anything.

Here’s how it works:

You will need to pay a fee in advance. However, if you are successful, the fee will be refunded to you. If you don’t win, the fee is non-refundable, so it’s important to be realistic about the strength of your initial claim.

Initial claim fee – to start your claim:

£40 Court allocation fee – to get the claim to the court (if claim is over £1,500).

£25 – £335 Hearing fee – paid if and when your case gets to court (when done online).

On benefits or a low income?

If you receive benefits or have a limited income, you might be eligible for a waiver of the fees – essentially meaning you won’t be required to pay them. However, this does not prevent the judge from ordering you to cover the opposing party’s costs if you lose the case.

Can I claim expenses if I win?

If you prevail in your case, you’ll not only recover the court fees but also receive the claim amount and may be able to request reimbursement for specific expenses.

However, if you win, you cannot bill the defendant for any legal advice you received. Consequently, any costs you incur for legal counsel are unlikely to be reimbursed. This is why many claimants choose to handle small claims independently, without the assistance of a solicitor.

Expenses can be awarded against you if you lose

You generally won’t be required to cover the opposing party’s attorney fees, but if you lose the case, you might have to cover specific expenses they incur. Additionally, court fees are non-refundable. You’ll need to settle these costs within 14 days following the hearing, though you can request an extension to pay, including the option to pay in installments, provided the court receives a comprehensive overview of your financial situation, including your income, expenses, assets, and liabilities. The expenses you might incur include:

• £90/day For loss of earnings or leave to attend a hearing, plus reasonable travelling expenses for each of the other side and any necessary witnesses they take along to court.
• £750 If the judge gave them permission to get evidence from an expert, eg, having to get an expert to inspect a sofa for a fault.

Step-by-step help for making a court claim

Don’t worry, this won’t turn into a scene from Judge John Deed. There’s no need to take an oath here. However, you will have to affirm that your statements are truthful, as dishonesty could lead to complications. In reality, you might never even reach the courtroom.

Typically, initiating a court claim involves simply completing an online form or mailing it to the court. Sometimes, the mere act of filing the claim can prompt a company to settle, provided your case is strong.

1. Prepare the case

It’s crucial to meticulously prepare your case. Keep in mind that the court needs to be persuaded by your arguments. Here are some tips to help you…

Want the advice of a man in the know?

Judge Stephen Gold, a district judge at Kingston-Upon-Thames County Court, says:

“Just because it is a small claim, it doesn’t mean that you can get away with a half-baked case. The same law applies for small claims as applies to a hefty claim in the High Court.”

Set your notes about the case in date order

It’s highly beneficial to record the details of the case, including the key arguments, relevant documents, and their implications. Compiling a comprehensive list of all documents and other pieces of evidence ensures that nothing is overlooked.

Sort out damaged or faulty goods to show/take as evidence

This might involve items like clothing damaged by a washing machine, footwear, and similar objects. If this isn’t feasible, consider using photographs as an alternative.

Ensure that evidence of expenses is well-prepared and bring along all receipts. Additionally, gather all correspondence and relevant documents, including photos, related to the case and have them ready for the hearing.

Take witnesses (if you have them) with you

Often, the claimant and the defendant are the sole witnesses in a case. However, if you have additional witnesses who can support crucial aspects of your evidence that are disputed by the opposing party, it’s crucial that these witnesses attend the final hearing alongside you.

Judge Stephen Gold says: “If you are relying on witnesses to back up your case, then take them with you. It is normally not good enough if there is a contest on the facts to produce a witness statement and not to produce a witness who made it. After all, the judge can’t question and the other side can’t cross-examine a piece of paper. Keep focused on the important issues and don’t get side tracked. You will get your chance to question the other side and any witnesses they may have, so it is a good idea to think through before the hearing some questions to put to them which could expose or highlight the weaknesses in what they are saying.”

What if my witness can’t get time off work?

If a witness is struggling to take time off from work, issuing a witness summons can be beneficial. This document can be presented to their employer to facilitate their absence. The court can provide guidance on how to proceed with this process.

When considering the use of an expert witness, obtaining prior approval from the court is necessary. The court might require that the expert be appointed jointly with the opposing party and that their fees be initially divided between both sides.

The competition begins! Should the defendant choose to contest your claim, they are required to respond within 14 days. Once their defense is filed with the court, you will receive a directions questionnaire. It is crucial to return this questionnaire by the specified deadline. The court will utilize the details provided in the questionnaire to determine the appropriate track for your case.

2. Fill in the claim details (this is usually done online)

At the core of your claim lies the completion of a document known as the Particulars of Claim (or Simple Procedure Claim in Scotland). This document serves as a detailed account of your narrative. It is essential to provide comprehensive information about the basis of your claim and the reasons behind it.

In England and Wales

Use the new online service or Moneyclaim website. There’s a starting fee of between £35 and £455, depending on the size of your claim, which can be paid by a credit or debit card. The court is likely to order that this fee is refunded to you by the other side if you win, but not if you lose.

If you don’t have plastic to pay on, get the paperwork (form N1) to start the claim form from your local county court and pay there, it’s the same price. Fees may be waived if you’re on benefits (see the EX160 Do You Have To Pay Fees? leaflet on the HM Courts & Tribunals Service website).

In Scotland

To start an online claim in Scotland go to Civil Online.

In Northern Ireland

Use the Northern Ireland Courts online service.

3. Start court action

You need to submit or deliver two copies of the claim form to the court where you intend to initiate legal action (money claims should be filed at the County Court Money Claims Centre, while other cases can be filed at the local county court), and remember to retain an additional copy for your records. Additionally, you must provide the court fee.

Once the court processes your claim, it will stamp the form and typically serve it on the defendant. You will receive a document with the case number, known as a notice of issue. If you prefer to serve the claim yourself, you can request the court return the stamped form to you.

Following this, there will be one of two possible outcomes…

Your claim ISN’T being defended

Success! You’ve managed to convince them to pay you without resorting to court action. However, there may still be a few steps left to complete the process.

If they can settle the payment right away, that’s ideal, and the funds should be sent directly to you. If they need additional time, you’ll have to negotiate a suitable arrangement. This time, it will be the defendant’s responsibility to handle the paperwork by submitting a form to the court to request a ‘judgment on admission.’ Should they fail to adhere to this arrangement, you have the option to pursue legal action to enforce payment.

If you choose not to accept their offer, you must provide your reasons. A court official will then determine a fair payment plan.

The court will issue a payment order to both parties. If you disagree with this order, you need to write to the court explaining your objections and send a copy of this letter to the defendant. A judge will review the situation and decide what constitutes a reasonable payment. If the defendant does not comply with the agreed arrangement, you can again seek enforcement action.

Your claim IS being defended

If the defendant opts to contest your claim, they have a 14-day window to file their response. Once their defense is submitted to the court, you will receive a directions questionnaire that must be completed and returned by the specified deadline. The court will use the details provided in the questionnaire to determine the appropriate track for the case.

4. Go to court

If the court assigns your case to the small claims track, you and the defendant will receive an allocation notice detailing the necessary preparations for the final hearing. This notice may require you to submit copies of all documents you plan to use to both the court and the opposing party at least 14 days before the scheduled hearing.

It is crucial to adhere to these instructions. Failure to do so could result in the case being delayed and you may be liable for the associated costs. Additionally, if you do not comply with the instructions for submitting documents and witness statements, the court might exclude your evidence and proceed with the case without it.

The allocation notice will typically outline the hearing’s time, date, and location, as well as the allotted duration for the hearing.

Read all the documents

Once the case has started, make sure you read the documents you get from the court, such as the directions. These will probably tell you to come up with written statements of the evidence of yourself, plus any witnesses who can back up important parts of your evidence which are likely to be challenged by the other side and to send them to the court and the other side a specified period before the hearing. Don’t fall into the trap of simply taking note of the hearing date and nothing else.
Judge Stephen Gold

What happens at court?

In a courtroom, you have the opportunity to present your case. It’s crucial to remain composed and articulate your points clearly, allowing the judge to understand why you believe you have been wronged, what remedies you are seeking, and the reasons behind your requests.

Although the situation might feel daunting, you won’t be facing a jury of twelve, media coverage, or a crowd of interested onlookers.

Instead of a criminal trial scenario, you are likely to find yourself in a more intimate setting, with only the judge, administrative personnel, yourself, and the defendant present.

Don’t be nervous

Going to court might be an intimidating experience for many, but there is nothing to fear. More often than not small claims are heard in a room which resembles an office (not the sort of courtroom you see on TV) and the judge will do all they can to try to put you at ease.
Judge Stephen Gold

Review the specifics of your case and outline the methods you’ve already attempted to resolve the issue. Demonstrating that you have made significant efforts before resorting to court will help show the judge that you haven’t approached the court as a mere afterthought.

Additionally, maintaining composure is crucial. Although it’s understandable to feel frustrated when a small claims hearing becomes necessary due to difficulties in reclaiming your money from a shop or tradesperson, expressing anger won’t benefit your case. Present the facts of your situation in a calm manner and allow the judge to make their decision.

What if I can’t make the court date?

If you wish to attend the hearing but are unable to do so, you have the option to request a rescheduled date by writing to the court. However, be advised that citing personal appointments, such as a hair appointment, will not be considered a valid reason and could result in additional costs.

Alternatively, if the expenses of attending the court hearing exceed the value of your claim, you may write to the court—ensuring that your letter is received by both the court and the defendant at least seven days before the scheduled hearing date. In your letter, you can request that the claim be addressed in your absence.

I haven’t been set a hearing date, why not?

At times, the court may decide not to set a final hearing date during the allocation stage. Instead, it might suggest resolving the claim without a formal hearing. If neither party raises any objections, the case will be adjudicated based solely on the written submissions. Should the parties fail to respond by the specified deadline, the judge might interpret this lack of response as agreement.

Alternatively, a preliminary hearing may be scheduled if the claim necessitates specific guidance that the judge prefers to communicate directly to the parties. This could also occur if the judge believes that either you or the defendant has little chance of success and aims to expedite the resolution to save time and reduce costs, or if the submitted documents do not provide a sufficient basis for the claim. Consequently, a preliminary hearing might evolve into a final hearing, resolving the matter definitively.

5. Get a judgement

At the conclusion of a court hearing, the judge will deliver the verdict and provide an explanation for the decision. Should you not be present at the hearing, the judgment will be sent to you via mail.

If you disagree with the judge’s ruling, you have the option to appeal, but this is only possible if there was a legal error or a significant irregularity during the proceedings. Permission from a judge is required to initiate an appeal.

To seek permission for an appeal, you must apply for it at the time of the initial decision. If your request is denied, you can renew your appeal request by including it in your formal notice of appeal. This notice must be submitted to the court within 21 days from the decision date, unless an alternative deadline has been set by the court.

For more information on making a claim, read the HM Court Service guide.

6. Enforce the judgement (if the person who owes you doesn’t pay)

After winning your court case, you might still need to ‘enforce a judgment’ to collect the money you’re owed. This involves returning to court and incurring additional expenses.

The fee to summon someone to court is £50, while each subsequent step costs an additional £100. Therefore, it’s important to assess what the individual or business can reasonably afford to pay.

If the debt is owed by an individual, you can request the court to compel the debtor to present evidence of their income or expenditures. For debts owed by a business, you can ask the court to require a company officer to provide financial details. Based on this information, you can choose the appropriate action to recover your money. You have four options:

1 – Send bailiffs to collect payment

You can ask the court to use bailiffs to collect the money, by either filling in a warrant of execution form or using Money Claim Online. The bailiff will ask for payment within seven days and if the debt isn’t paid, they’ll visit the person’s home or business, to see if anything could be sold to pay the debt.

2 – Get money deducted from wages

You can ask the court to send an order to the person’s employer, to take money from wages to pay the debt. To do this you’ll need to fill in an attachment of earnings order.

3 – Freeze assets or money in an account

The court can freeze money in the person’s bank or building society account (or in a business account). To do this you’ll need to fill in a third party debt order. The court will decide if money from the account can be used to pay the debt.

4 – Charge the person’s land or property

You can ask the court to charge the person’s or company’s land or property. To do this you’ll need to fill in a charging order. If the land or property is sold, they must pay this charge before they get their money.