Using the Small Claims Court

What is the small claims court?

The small claims court is part of the County Court system in England and Wales. It handles disputes involving relatively modest sums of money and is designed to be accessible to ordinary people without legal training. Scotland and Northern Ireland have separate systems with different limits and procedures.

When you start a claim through the County Court, it gets allocated to one of three tracks depending on the value and complexity. Claims worth £10,000 or less are typically assigned to the small claims track. For personal injury claims, the limit is £1,500. For disputes involving housing disrepair, the limit is £1,000.

The process is deliberately informal compared to other court proceedings. You do not need a solicitor, though you can use one if you prefer. Most people represent themselves. Judges may offer some procedural guidance, but you are still expected to understand the basic format of presenting a case.

One of the main advantages is the cost protection built into the system. If you lose your case, you will not normally have to pay the other side's legal fees. However, the court may direct you to pay certain expenses such as witness fees or expert report costs. You should also prepare for the possibility of losing your court fee if your claim fails.

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What can you claim for?

The small claims court covers a wide range of everyday disputes. Common examples include:

• Faulty goods or products that do not match their description
• Poor quality services or work that was never completed
• Unpaid invoices or money owed to you
• Wages or holiday pay your employer has not paid
• Deposit disputes with landlords
• Minor personal injury claims
• Private landlord and tenant disputes over repairs

Certain claims cannot go through the small claims process, including family matters and tenancy disputes involving social housing. The monetary limits and track allocation rules can change, so check GOV.UK for the current thresholds before you begin.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Before you go to court

Courts expect you to show that you tried to resolve the dispute before issuing a claim. This is not just good practice. If you have rushed straight to legal action without attempting to settle matters first, court costs may be imposed.

Start by raising the problem directly with the other party. Put your complaint in writing and give them reasonable time to respond. Keep copies of all correspondence.

If direct negotiation fails, consider alternative dispute resolution. Many sectors have ombudsman schemes or mediation services that can help resolve complaints without going to court. Some of these are free to use.

As a final step before issuing a claim, send a letter before action. This formal letter sets out what has gone wrong, what you want as a resolution, and a deadline for the other party to respond. It also makes clear that you intend to take court action if the matter is not resolved. Templates are available on various legal advice websites, including Citizens Advice.

How to start a claim

You can issue a small claims court case online through the Money Claims Online service on GOV.UK. There is a court fee to pay when you submit your claim, and the amount depends on how much you are claiming. Fee information is listed on the GOV.UK website and may be updated periodically.

Your claim form needs to set out clearly what happened, why the other party is responsible, and what you are asking for. Keep it factual and avoid emotional language. Attach or list any evidence you have, such as receipts, contracts, photographs or emails.

Once you submit the claim, the court sends it to the defendant, who then has a set period to respond. They may admit the claim, dispute it, or make a counterclaim against you.

If the case proceeds to a hearing, it will usually be relatively short and informal. The judge may ask questions directly and will try to keep things straightforward. You can bring documents and witnesses to support your case.

For detailed guidance on procedures, fees and what to expect, the GOV.UK website and Citizens Advice both offer step by step information.

The Next Step

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