Small claims court UK: how it works and what it costs
Quick answer
- Most claims of £10,000 or less go to the small claims track.
- You usually can’t recover legal costs from the other side, even if you win.
- Many claims are referred to free telephone mediation first.
- Good evidence wins cases. Keep it simple and organised.
This guide covers England and Wales.
What can I claim for in the small claims court?
Common claims:
- unpaid invoices or loans
- faulty goods or poor service
- disputes with builders and tradespeople
- deposit disputes with landlords
Lower limits apply to some claims, such as personal injury.
How much does the small claims court cost?
You pay a court fee to start the claim and, if it goes ahead, a hearing fee. Fees depend on the amount claimed.
Legal costs
Legal costs you can recover are very limited on the small claims track. Weigh up the cost of advice against the amount in dispute.
Before you claim
Send a clear letter before claim and try to settle. The court expects you to try to resolve things first.
Free mediation
In many defended money claims, both sides must attend a free, one-hour telephone mediation. It’s confidential, and many cases settle here.
How to prepare your evidence
- a short timeline of what happened
- the contract, invoices, emails, texts and photos
- a witness statement in your own words
- a clear breakdown of the amount you are claiming
Tip
Follow the court’s directions and deadlines exactly. Late evidence can be excluded.
What happens at the hearing?
Hearings are usually informal, often in a judge’s room or by video. The judge may ask you questions directly and often decides on the day.
FAQs
Do I need a lawyer for the small claims court?
Not usually, but advice on drafting your claim or defence and preparing evidence can make a big difference.
How long does a small claim take?
Often several months, depending on court workloads and whether the other side defends.
What if I win but they don’t pay?
You can ask the court to enforce the judgment, for example through bailiffs or taking money from wages.
Thinking of making a claim?
We help you decide if a claim is worth it and prepare it properly. See our civil litigation services or contact us.
This article is general information about the law at the date of publication. It is not legal advice and should not be relied on for your situation. The law and Home Office or court procedures may change. Please contact us for advice on your circumstances.
