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Small Claims Court UK: Limits, Process and Fees

By Recording Law Editorial Team12 min read
Small Claims Court UK: Limits, Process and Fees

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

  1. GOV.UK: Make a court claim for money(gov.uk).gov
  2. Money Claim Online (MCOL)(moneyclaim.gov.uk).gov
  3. Ministry of Justice: Civil Procedure Rules Part 26, case management (allocation to a track)(justice.gov.uk).gov
  4. Ministry of Justice: Civil Procedure Rules Part 27, the small claims track(justice.gov.uk).gov
  5. GOV.UK: EX50, civil and family court fees(gov.uk).gov
  6. Ministry of Justice: Practice Direction, Pre-Action Conduct and Protocols(justice.gov.uk).gov
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