Small Claims Court UK: Limits, Process and Fees
The small claims track is the simplified County Court procedure used for lower-value money disputes in England and Wales. This guide covers who qualifies, the £10,000 limit and its exceptions, how to start a claim, court fees, and what a hearing involves.
What the small claims track is
The small claims track is not a separate court. It is one of three "tracks" (alongside the fast track and multi-track) that a County Court money claim in England and Wales can be allocated to once it is issued and, if defended, needs deciding. Cases allocated to the small claims track follow simpler rules than ordinary litigation: procedure is informal, strict rules of evidence generally do not apply, and the process is designed so that someone without a solicitor can realistically bring or defend a claim themselves. It is the route used for the great majority of everyday consumer disputes: unpaid invoices, faulty goods and services, deposit disagreements, and small debts between individuals or businesses.
Claim value limits
Under CPR 26.9, a claim is generally allocated to the small claims track if it is worth £10,000 or less. Above that value, a case is normally allocated to the fast track or multi-track instead, with more formal procedure and a real possibility of paying the other side's legal costs if you lose.
Some claim types have lower limits regardless of the £10,000 headline figure:
- Personal injury claims are capped much lower: £5,000 for a standard road traffic accident personal injury claim, £1,500 for other (non road traffic accident) personal injury claims, and £1,000 for a road traffic accident personal injury claim brought in special circumstances.
- Housing disrepair claims only qualify for the small claims track if both the estimated cost of repairs and any other damages claimed are £1,000 or less. If either figure is above £1,000, the claim is not small-claims-eligible even if the total is under £10,000.
These sub-limits exist because personal injury and housing disrepair claims often involve more complex evidence (medical reports, expert surveys) than an ordinary debt or goods dispute, so the court reserves them for a track with more procedural protection once they pass a lower threshold.
Before you claim: send a letter before claim
Before issuing a court claim, you are expected to follow whichever pre-action protocol applies to your dispute. If you are a business (including a sole trader) chasing an individual or sole trader for a debt, the specific Pre-Action Protocol for Debt Claims applies, in force since 1 October 2017: you must send a prescribed Letter of Claim, together with an Information Sheet, a Reply Form and a Financial Statement form, and give the debtor at least 30 days to respond before issuing a claim, with a further pause if they ask for documents or propose instalments. In other cases, such as business-to-business disputes, the general Practice Direction on Pre-Action Conduct applies instead, which expects a letter before claim (also called a letter before action) setting out what you say is owed and why, with a reasonable deadline to pay or respond, often around 14 days. Courts can take a poor attempt at either step into account later, including on costs, and many disputes resolve at this stage without ever reaching a hearing. Our free Letter Before Action generator can help you put one together.
How to make a small claims track claim
- Send the right pre-action letter: if you are a business or sole trader chasing an individual or sole trader debtor, send a Debt Claims Protocol Letter of Claim with the required Information Sheet, Reply Form and Financial Statement, and allow at least 30 days for a response; otherwise send a general letter before claim setting out what is owed and why, with a reasonable deadline to pay, often around 14 days.
- If it is not paid, start your claim online through Money Claim Online or the newer Make a Money Claim service, or on paper using form N1 if your claim does not qualify for the online routes (see our Money Claim Online guide for the eligibility detail).
- Pay the court issue fee when you issue the claim; the fee depends on the value of your claim.
- The defendant is served with your claim and has a set period to respond, by admitting it, defending it, or not responding at all.
- If the claim is defended, the court allocates it to a track, usually the small claims track if the value and type of claim fit within the limits above.
- Both sides complete a directions questionnaire and exchange the documents and evidence they intend to rely on ahead of the hearing.
- For most money claims (personal injury and road traffic claims are excluded), once directions questionnaires are filed the court automatically refers the case to the free Small Claims Mediation Service for a one-hour settlement appointment before a hearing is listed (CPR 26.6); unreasonably refusing to engage can be taken into account on costs (CPR 27.14(2A)).
- If mediation does not resolve the case, a hearing takes place, generally informal and often without solicitors on either side, and a judge decides the case and issues a judgment.
- If you win but the defendant does not pay, you need to take a further, separate step to enforce the judgment.
Court fees
The court issue fee scales with the value of your claim (current EX50 fee scale):
| Claim value | Issue fee |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% of the claim value |
| Over £200,000 | Capped at £10,000 |
There is a further, separate small claims hearing fee if the case does not settle before the hearing, which itself scales with the claim's value: for example £27 for claims up to £300, rising to £346 for claims over £3,000. Court fees are reviewed and uprated from time to time, so always check the current EX50 fees page on gov.uk before you claim rather than relying on a figure from an older source. If you are on a low income or receive certain benefits, you may qualify for help with these fees; gov.uk explains how to check and apply.
What happens at the hearing
Small claims hearings are deliberately informal. They are often held in a courtroom or sometimes a private room, the judge takes an active role in asking questions rather than expecting formal legal argument, and strict rules of evidence generally do not apply. You usually do not need a solicitor, and this informality is reflected in costs: even if you use a solicitor, you cannot normally recover their fees from the other side if you win. What you can normally recover is interest on the amount owed (where you have a basis to claim it) and the fixed costs the rules allow, such as your own court fees and limited expenses, rather than the cost of full legal representation. This "no costs" approach is deliberate: it is meant to stop the value of a small claim being eaten up by legal fees on either side.
If you win: interest, costs and enforcement
Winning gets you a judgment, not automatic payment. The judgment says how much is owed and how it is to be paid: in full immediately, by a set date, or by instalments. If the defendant does not pay as ordered, the judgment becomes a County Court Judgment (CCJ) on their record, and you have to take a further, separate step to make them pay, for example a warrant of control, an attachment of earnings order, a charging order, or a third-party debt order. See our dedicated pages on County Court Judgments and bailiffs' rights and enforcement for how each enforcement route works.
Scotland and Northern Ireland are different
This page covers England and Wales only. The small claims track is a specifically English and Welsh mechanism, and the equivalent processes elsewhere in the UK use different names, courts and limits:
- Scotland does not use the small claims track. Lower-value disputes go through Simple Procedure in the Sheriff Court, with a £5,000 limit and an order called a decree rather than a judgment. See our Scotland small claims and Simple Procedure page.
- Northern Ireland has its own Small Claims process, also with a £5,000 limit, and judgments are enforced through the Enforcement of Judgments Office (EJO) rather than county court bailiffs. See our Northern Ireland small claims page.
Never assume England and Wales figures, such as the £10,000 limit or the term "CCJ," apply in Scotland or Northern Ireland. Each nation runs its own system with its own thresholds.
Related pages
- UK Debt & Money hub
- United Kingdom Laws
- Money Claim Online (MCOL)
- County Court Judgments (CCJ)
- Small claims and Simple Procedure in Scotland
- Small claims in Northern Ireland
- Letter Before Action generator
If your dispute involves a tenancy deposit, see what to do if your landlord will not return your deposit before considering a small claim.
This page is general legal information about the small claims track in England and Wales, current as of 19 July 2026, not legal advice on your own dispute, and it does not run a claims service. Court fees and monetary limits are periodically updated; always check the live gov.uk pages before you claim. If you are chasing a debt or responding to a claim and are unsure what to do, free, independent help is available from Citizens Advice, National Debtline, and MoneyHelper (gov.uk/debt-advice); commercial claims-management companies charge for help these services provide free.
Frequently Asked Questions
What is the small claims track?
It is the simplified County Court procedure in England and Wales for lower-value money disputes, generally £10,000 or less. It uses informal hearings, relaxed evidence rules, and is designed to be usable without a solicitor.
How much can I claim through the small claims track?
Generally £10,000 or less. Personal injury claims are capped lower, at £5,000 for a standard road traffic accident claim, £1,500 for other injury claims, and £1,000 for special-circumstances road traffic accident claims. Housing disrepair claims only qualify if both the repair cost and other damages are each £1,000 or less.
Do I have to send a letter before claim before I sue?
Yes, under whichever pre-action protocol applies. If a business or sole trader is chasing an individual or sole trader debtor, the Pre-Action Protocol for Debt Claims requires a formal Letter of Claim with supporting forms and at least 30 days to respond. Otherwise, the general Practice Direction on Pre-Action Conduct applies, expecting a letter before claim with a reasonable deadline to pay, often around 14 days, before issuing a court claim.
Do I need a solicitor for a small claims case?
Usually not. The small claims track is designed to be accessible without legal representation, and hearings are informal, with the judge taking an active role.
Can I recover my legal costs if I win a small claim?
Not normally. Even if you use a solicitor, you generally cannot recover their fees from the other side on the small claims track. You can normally claim interest and limited fixed costs, but not the cost of full legal representation.
How much does it cost to start a small claim?
The court issue fee scales with your claim's value, from £35 for claims up to £300 up to 5% of the claim value for claims between £10,000 and £200,000. There is a separate hearing fee if the case does not settle. Check the current EX50 fees page on gov.uk, as fees change periodically.
What happens if I win but the other side does not pay?
A judgment on its own does not collect the money for you. If it goes unpaid, it becomes a County Court Judgment and you need to take a separate enforcement step, such as a warrant of control, an attachment of earnings order, or a charging order.
Is the small claims process the same in Scotland or Northern Ireland?
No. Scotland uses Simple Procedure in the Sheriff Court, with a £5,000 limit and a decree instead of a judgment. Northern Ireland has its own Small Claims process, also with a £5,000 limit, enforced through the Enforcement of Judgments Office.
Sources and References
- GOV.UK: Make a court claim for money(gov.uk).gov
- Money Claim Online (MCOL)(moneyclaim.gov.uk).gov
- Ministry of Justice: Civil Procedure Rules Part 26, case management (allocation to a track)(justice.gov.uk).gov
- Ministry of Justice: Civil Procedure Rules Part 27, the small claims track(justice.gov.uk).gov
- GOV.UK: EX50, civil and family court fees(gov.uk).gov
- Ministry of Justice: Practice Direction, Pre-Action Conduct and Protocols(justice.gov.uk).gov