This information applies to England and Wales
There are some common terms used in this item:-
This information is about small claims cases. A small claims case is a defended case which the court has allocated to the small claims track. There are special rules about small claims cases and the procedures are described in this information.
If you have a case which is allocated a track which is not a small claims track, you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims. It may be possible to get legal advice (not representation) from a solicitor under the legal help scheme.
For details of the legal help scheme, see Help with legal costs.
When the court is considering whether to allocate a case to the small claims track, it will take into account a number of factors, but the main factor is the financial value of the case.
If the value of a case is £5,000 or less, it will generally be allocated to the small claims track. However, if it is a personal injury claim, it will be allocated to the small claims track only if the value of the claim for the personal injuries themselves is not more than £1,000. If the claimant is a tenant, and is claiming against their landlord because they want their landlord to carry out repairs or other work to the premises and the cost of the repairs or work is £1,000 or less, the case will be allocated to the small claims track.
In some cases, even if the value of the case is more than £5,000 and both parties agree, the court could allocate the case to the small claims track. If this happens the usual rule about costs does not apply and if the claimant loses the case, they may have to pay the defendant’s solicitor’s costs. However, if the claimant wins the case, the defendant could be ordered to pay the claimant's costs.
The most common types of claim in the small claims track are:
If a case is complex, the judge may refer it to another track for a full hearing, even if it is below the financial limit of that track.
If you have a complex case you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
If you are going to take court action, you must do this within certain time limits. The time limit depends upon what type of action you are taking, for example, the time limit for breach of contract is six years.
You will need to be aware of the time limits for taking action and should seek help from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You must try and settle a claim before taking court action. If you do not try to settle first, the court may penalise you. So, for example, if a television does not work, there is no point in applying to the court immediately for compensation - you must contact the shop which sold it first to try to solve the problem, and only use the court if you cannot get the problem solved by negotiation. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply – a month is usual. You should also warn them that you will take court action if they fail to reply within the given time.
You may be able to sort out your claim by using mediation if the other party agrees. This is where an impartial third party, called a mediator, helps both parties to reach a mutually-agreeable solution to a problem. Sometimes even if you start a claim, the court might refer your case to a mediator. For more information about mediation, phone the National Mediation Helpline on 0845 6030809, or look on the website of ADRnow at: www.adrnow.org.uk.
Community Legal Advice has produced a leaflet which explains what the alternatives to going to court might be. Go to www.communitylegaladvice.org.uk.
The case can be started in any county court.
The court will then transfer the case automatically to the defendant’s nearest county court if:
In other cases, either party can ask for the case to be transferred to another county court.
The website of HM Courts Service has a useful tool which helps you find the contact details of your local county court. It also sets out details of access for disabled people, for example, whether there are toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
If you disabled and going to court, you should check with the court what facilities there are for disabled people. You can look on the website of HM Courts Service at: www.hmcourts-service.gov.uk.
For more information, you can contact the HM Courts Service Disability Helpline on 0800 358 3506 between 9am and 5pm, Monday to Friday. Calls to this number are free. If you are deaf or hard of hearing, you can use the text phone service.
If access to the court is impossible because of your disability, the case may be transferred to a more suitable court.
As a claimant, you start a claim by filling in a claim form. Claim forms are available from local courts, and, from Her Majesty's Courts Service website at www.hmcourts-service.gov.uk.
The claim form asks for details of the claimant and the defendant and how much is being claimed. The claim form includes space for the particulars of claim which should be used to set out the details of the claim, but if there is not enough room, they can be set out on a separate piece of paper. In some circumstances, as a claimant you might need extra time to complete the particulars of claim. You have the right to send the particulars of claim to the defendant separately, but no later than 14 days after the claim form.
If the details of the case are complicated, you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
As the claimant, you may be able to claim interest on your claim. If so, you must include interest in the amount you are claiming on the claim form. There is a specific form of words you should use to do this. For more information about claiming interest, go to Her Majesty's Courts Service website at www.hmcourts-service.gov.uk, and choose 'Information About...', 'Claims', and then 'Making a claim'.
If the details of the case are too complicated to fit the space on the form, you should consult an experienced adviser, for example, a solicitor or a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
In some circumstances, additional documents need to be attached to the particulars of claim. For example, if the claim is based on a written agreement (such as an agreement to purchase goods or services), a copy of the agreement should be attached to the statement of claim.
Some claims for a fixed amount of money can be started online at www.moneyclaim.gov.uk. Usually, claims will be issued, printed and sent to the defendant on the day the claim is submitted. Court fees for online claims must be paid by credit or debit card.
As the claimant you should send or take two copies, of the claim form to the court where you want to start court action. You should keep an extra copy for your own records. You must also take or send the court fee. The fee depends on the amount of money claimed. You can find out how much the fee is from the HM Courts Service website at www.hmcourts-service.gov.uk.
In some circumstances the fee might be waived or reduced, for example:
You can ask the court to tell you how to apply for a reduction or waiver of the fees or you can get more information and the exemption form from HM Courts Service website at www.hmcourts-service.gov.uk.
The court will stamp the claim form and in most cases serve it on the defendant. It will give you a notice of issue, a document with the case number on it.
Usually the court will serve the claim form by sending it to the defendant by first class post. The defendant will be deemed to receive it on the second day after posting. As the claimant, if you want to serve it yourself, you can ask the court to give it back to you once it has been stamped so that you can serve it. There are a number of forms that must be sent with the claim form.
If you are the defendant and you accept that you owe the money claimed, you will not be defending the case and the court will not allocate it to the small claims track to be dealt with.
If you can pay the money immediately, you should send it to the claimant directly.
If you need time to pay, you can suggest an arrangement, for example, that you pay the money in instalments or all the money in one lump sum at a certain date in the future. If the claimant accepts this offer, they will have to return a form to court requesting ‘judgment on admission’. If you are the defendant and you do not keep to the arrangement, the claimant can take legal action forcing you to pay.
If you are the claimant and you do not accept the defendant's offer, you must give your reasons and a court official will decide what a reasonable arrangement should be. The court will send both parties an order for payment (‘judgment for claimant after determination’).
If you are the claimant and you are not happy with the order, you should write to the court giving your reasons and you must send a copy of the letter to the defendant. A judge will then decide what is reasonable for the defendant to pay. If the defendant does not keep to the arrangement, the claimant can take enforcement action.
If you are the defendant and you do not accept that you owe the money that is being claimed, you will be defending the case. You have to respond to the claim form and the particulars of claim within 14 days of the date of service (this is the second day after posting). If the particulars of claim were served after the claim form, you must respond within 14 days of the date of service of the particulars of claim.
As the defendant, if you do not send a defence in to the court, the claimant can ask for an order to be made against you. If this happens, the parties involved should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
As the defendant, you can send your defence to the court. However, if you need more time to prepare a defence, you can send back an acknowledgement of service and then the defence within 14 days (the acknowledgement of service would be sent to the defendant initially with the claim form).
When the defence is returned to the court, the court will send an allocation questionnaire to both the claimant and defendant. This must be returned no later than the date specified on it. As the claimant, when you return the allocation questionnaire, you have to pay a fee although this may be waived on financial grounds. The court will use the information given on the allocation questionnaire to decide which track the case will be allocated to.
When the court has decided to allocate the case to the small claims track, the parties will be sent a notice of allocation. This form will tell the parties what they have to do to prepare for the final hearing. These instructions are called ‘directions’. For example, the parties may be told to send copies of all the documents they intend to use to the court and to the other party at least 14 days before the hearing is due to take place. You must follow these directions. If you don't, the case could be postponed and you could have to pay all the costs of the case.
There are standard directions for a number of common cases, for example, if the claim is to do with faulty goods, there are standard directions about the documents that have to be sent to the other party. If the claimant wants to show a video as evidence, they have to contact the court to make the arrangements for the video to be shown at the hearing.
The notice of allocation will usually specify the time, date and place where the hearing will take place and how much time has been allowed for it.
As the claimant, if you want to attend the hearing, but cannot, you can write to the court and apply for a later date to be set. A fee is payable for this application and the court will agree only if there are good reasons.
As the claimant, you may not wish to attend the court hearing, for example, if the travel costs of getting to the hearing are higher than your claim merits. In this case, you can write to the court to ask it to deal with the claim in your absence. The letter must arrive at court no later than seven days before the hearing date, and a copy must be sent to the defendant.
Sometimes the court will not set a final hearing date at the allocation stage. It could instead:
It is important to prepare the case carefully - the court has to be convinced. The following points are a general guide to what preparation should be made. But if you are not confident about how to present your case, you should consider taking someone else along to help, and/or getting specialist advice first. The main points are:
The final hearing is usually held in public but it could be held in private if the parties agree, or if the court believes it necessary in the interests of justice.
Hearings in the small claims track are informal and strict rules of evidence do not apply. The judge can adopt any method of dealing with the hearing that they consider to be fair, and they may ask questions of the witnesses before allowing anyone else to do so. The judge may limit the time that parties or witnesses have to give evidence.
A lay representative has the right to speak on behalf of a party at the final hearing, but only if that party attends the hearing.
If you do not speak English as your first language, you might find it helpful to have an interpreter help you to put your case. The court will not be able to help you find an interpreter.
If you need help with finding an interpreter, you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
At the end of the hearing, the judge will give the judgment. The judge has to give reasons for their judgment. The reasons must be given as simply and briefly as possible, and usually will be given orally to the parties present at the hearing. However, the judge may give them later either in writing or at a later hearing.
If you are the claimant and you win your case, you will get the court fees back as well as the claim, and you can ask for certain expenses also. If you lose, you will not get the court fees back. But it is unlikely that you will have to pay any other costs.
You may appeal against a judgment in the small claims track only if the court made a mistake in law or there was a serious irregularity in the proceedings. If you want to appeal, you must file a notice of appeal within 21 days. A fee is payable although this could be waived in cases of financial hardship.
If you want to appeal against a decision in the small claims track, you should consult a solicitor or an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
As the defendant, if you lose the case and you do not pay, the claimant will have to go back to the same court to apply for an order to get the money. This is called enforcing the judgment. As the claimant, you will have to pay a fee to start enforcement proceedings.
If you need a judgement to be enforced you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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