Small Claims Court

The small claims track handles most money claims up to £10,000 and personal injury or housing disrepair claims up to £1,500 in England and Wales. Court fees are calculated as a percentage of the claim value — for example, a £3,000 claim costs £205 to issue. From May 2024, most small claims must go through a free mandatory telephone mediation session before a hearing is listed. If mediation fails, the case proceeds to a judge. Hearings are informal: no wigs, gowns, or strict rules of evidence. The 'no costs' rule means that even if you win, you generally cannot recover your legal fees — only fixed costs such as the court fee, travel expenses, and expert fees up to £750. Claims can be issued on the HMCTS Money Claims Online service (for claims up to £25,000) or via form N1 at a county court. Scotland and Northern Ireland have separate small claims procedures.

In practice, the small claims track rewards preparation rather than legal knowledge. Before issuing, send a letter before claim setting out what you say went wrong, what you want, and a deadline — usually 14 days. That is not a formality: the court expects it under the pre-action rules, and it often resolves the dispute without a fee. Keep the letter, proof of posting, and any reply, because they become the first documents in your bundle.

Worked example: Ellie pays a builder £2,400 for a patio that fails within a month. She writes a letter before claim with photographs and an independent quote for putting it right. When it is ignored, she issues online, naming the correct legal entity — the limited company on the invoice, not the individual she dealt with. The claim is defended, so the court refers it to free telephone mediation. Mediation fails, directions are given, and Ellie files a bundle: contract, invoices, dated photographs, the remedial quote, and a short chronology. At the hearing she takes the judge to the documents rather than arguing generally, and wins the claim plus her issue fee and travel costs.

The pitfalls are practical. Suing the wrong entity is the most common fatal error — check Companies House and the invoice. Winning is not the same as being paid: judgment is only the first step, and you may then need to enforce, which costs more. The no-costs rule means bringing a solicitor is usually uneconomic, and a claim you lose can still leave you paying the other side's fixed costs and expenses. Interest can be claimed but must be pleaded. And the limitation period is six years for most contract claims, so old disputes may already be out of time.

A successful claim results in a county court judgment, which you may need an enforcement agent to act on; before the hearing you will almost certainly go through mediation. Consider whether an ombudsman or a section 75 claim against your card provider would be quicker and free. Start with our guides to consumer rights and faulty goods complaints.