What Is the Small Claims Track
The small claims track is the procedure used for most civil claims with a value of up to £10,000 (or £1,000 for personal injury claims). It is designed to be accessible to litigants in person. The key feature is that legal costs are not awarded to the winning party -- each side bears their own legal costs regardless of the outcome.
This makes the small claims court suitable for individuals and small businesses pursuing straightforward money disputes: unpaid invoices, faulty goods, poor workmanship, landlord deposit disputes, and similar matters.
Starting a Claim
You start a claim by issuing online at moneyclaim.gov.uk or by completing Form N1 and filing it at your local county court. The claim form sets out who you are, who the defendant is, what you are claiming, and the facts on which you rely.
Before issuing, you must send a letter before claim to the defendant giving them a reasonable time to respond -- usually 14 to 30 days. Keep a copy of the letter and proof of postage.
The Defendant's Response
The defendant has 14 days to acknowledge service and 28 days to file a defence. If they do not respond within 28 days, you can apply for judgment in default. If they file a defence, the court will send both parties a directions questionnaire (Form N180).
Complete the directions questionnaire carefully -- errors or delays in returning it can cause your claim to be stayed.
Mediation
The court will ask both parties whether they are willing to attempt mediation before the hearing. If both agree, the court refers the case to the Small Claims Mediation Service, which provides free telephone mediation. Many disputes are resolved at mediation without a hearing.
Refusing mediation without good reason is taken seriously by the court and can affect the costs order made, even in the small claims track.
The Hearing
Small claims hearings are conducted informally. The judge will usually sit at a table rather than on a raised bench. Both parties present their evidence and the judge asks questions.
Bring all your documents organised in date order. Bring copies for the judge and for the other side. Be concise. Explain what happened clearly and refer to the documents that support your account.
Enforcement
Winning a small claims judgment does not automatically mean you receive the money. If the defendant does not pay voluntarily, you will need to take enforcement steps: a warrant of control (bailiffs), an attachment of earnings order, or a third party debt order.
Check before issuing whether the defendant has assets from which a judgment could be enforced. A judgment against a defendant with no assets is of limited practical value.