How to Make a Small Claims Court Claim

Before starting a claim, the Civil Procedure Rules Pre-Action Protocol requires a letter of claim to be sent giving the other party a reasonable opportunity to respond, typically 14 days for a straightforward matter. If the dispute cannot be resolved, a claim may be issued online at moneyclaims.service.gov.uk or using Form N1. Court fees depend on the amount claimed — for example, a claim for £1,000–£1,500 currently attracts a fee of £115. Once issued, the defendant has 14 days to respond (or 28 days if they acknowledge service). If the claim is defended, it is allocated to the small claims track and a hearing date is set. Hearings are relatively informal, often lasting an hour or less, and the judge will actively manage the case. Legal costs are generally not recoverable on the small claims track, apart from the court fee, limited witness expenses, and any expert fees (up to £750).

Common situations include: pursuing a trader for faulty goods or poor workmanship, recovering money lent to someone who will not repay it, claiming for damage caused by another person, disputing an invoice for services not provided or provided poorly, landlord-tenant deposit disputes, or pursuing a small business debt.

The Civil Procedure Rules (CPR) Part 26 governs case allocation, with the small claims track generally covering claims up to £10,000 (or £1,000 for personal injury and £1,000 for housing disrepair). CPR Part 27 sets out the small claims track procedure, including the limited costs regime. The County Courts Act 1984 provides the statutory basis for county court jurisdiction. CPR Practice Direction 27 allows the court to adopt any method of proceeding it considers fair, and the rules provide for paper determinations in some cases. The Pre-Action Protocol for Debt Claims and the general pre-action conduct requirements in the Practice Direction on Pre-Action Conduct apply before proceedings are issued.

People considering a small claims court claim often explore: whether the amount owed justifies the court fee and time involved, whether the other party has the means to pay even if a judgment is obtained, whether alternative dispute resolution such as mediation might resolve the matter more quickly, gathering and organising evidence to support the claim, and understanding that winning a judgment does not automatically mean the money is received — enforcement steps may be needed. Some people also consider whether they might be eligible for help with court fees through the fee remission scheme.

Common mistakes include: not sending a proper letter of claim before issuing proceedings (the court may penalise this), not keeping evidence such as receipts, photographs, emails, and written records, underestimating the time commitment involved, not considering whether the defendant can actually pay the judgment, and failing to follow up with enforcement action if the judgment is not paid voluntarily.