A guide to bringing and defending a small claim - small claims track basics

Sep 15, 2026

Practical guidance for people bringing or defending a small claim without a solicitor, including how the small claims track works and what qualifies as a “small claim” in the county court. It explains key terms such as claimant and defendant, the general limits for allocation by financial value and case complexity, and notable exceptions. It also outlines the different types of court-related costs and introduces the Civil Procedure Rules that must be followed throughout the process.

LanguageEnglish

CategoryLetters

FormatPDF

Pages31

Reading Time11 min

AccessFree to download

Contents

the basics

Help and advice

Weighing up your options

Starting a claim

defending a claim

Progressing a claim

issues and evidence

the hearing

the court’s decision

Guidance notes – preparation for a small claim hearing

Jargon buster

A Guide to BrinGinG And defendinG A SmAll clAim April 2013 A guide to bringing and defending a small claim ................................................................................................ Contents Contents 1. the basics 2 2. Help and advice 4 3. Weighing up your options 6 4. Starting a claim 9 5. defending a claim 14 6. Progressing a claim 16 7. issues and evidence 19 8. the hearing 22 9. the court’s decision 25 Guidance notes – preparation for a small claim hearing 27 Jargon buster 28 1. The basics A guide to bringing and defending a small claim 1. The basics 1.1 Who is this guide aimed at? this guide is aimed at people who are not legally trained and who want to bring or defend a small claim without the help of a legal adviser such as a solicitor. this is sometimes referred to as being a ‘litigant in person’. Anyone who brings a claim is called a ‘claimant’. Anyone who defends a claim is called a ‘defendant’. Some other useful terms are defined in the ‘Jargon buster’ section of this guide. 1.2 What this guide covers this guide works through the process for bringing and defending a small claim. 1.3 What is a small claim? A small claim is a case that has been allocated by the court to the small claims track in the county court. there are three ‘tracks’: small, fast and multi-track. if you have a case which is allocated to the fast track or multi-track you should consult an experienced legal adviser. cases on any of these tracks are known as ‘civil’ claims. they are nothing to do with criminal, family or insolvency law. A civil claim is dealt with by the civil courts, the county court or the High court. Small claims are lower value civil cases, rather than disputes of complexity or high value. typically small claims are claims for compensation for faulty services provided, for example, by builders, dry cleaners etc, or compensation for faulty goods such as washing machines, televisions etc, or for unpaid bills. they also include disputes between landlords and tenants – for example, rent arrears or compensation for not doing repairs, road traffic accident claims or wages owed. You can’t choose which track you want your claim to be heard on – a district judge makes that decision as part of case management based on the amount you are claiming and the complexity of your claim. You will be asked to complete a directions Questionnaire setting out your preference and (see section 6.3 below) . When deciding ifa case is suitable for the small claims track, the court will generally look at two things: 1. Financial value of the case if the value of a case is £10,000 or less, it will generally be allocated to the small claims track. However, there are two exceptions: 1. if it is a personal injury claim, it will be allocated to the small claims track only ifthe value of the claim for the personal injuries is not more than £1,000 . 2. 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. even if the value of the case is more than £10,000, the court could allocate the case to the small claims track. 2. Complexity if the case is ofa low value but is complicated, the judge might decide it needs to go to another track for a full hearing. You may make submissions about this in the directions Questionnaire. A guide to bringing and defending a small claim 1. The basics 1.4 What is not a small claim A claim for harassment or unlawful eviction relating, in either case, to residential premises will not be allocated to the small claims track. 1.5 Costs there are three kinds of costs or expenses involved in court proceedings: 1. there are court fees. these are what you pay the court, for example, in return for them processing a form

FAQs

Who is this guide aimed at?

It is aimed at people who are not legally trained and want to bring or defend a small claim without help from a legal adviser, sometimes called a “litigant in person”.

What determines whether a case is allocated to the small claims track?

The court generally considers the financial value of the case and its complexity. For example, cases of £10,000 or less are generally allocated to the small claims track, subject to specific exceptions.

What types of costs can arise in small claim proceedings?

Court fees may be reimbursed to the winner. Reasonable travel expenses, limited loss of earnings, and permitted expert fees can also be reimbursed. Legal costs are treated differently on the small claims track, and unreasonable conduct can affect whether you are ordered to pay the other side’s costs.

Sep 15, 2026

Uploaded by Emma Mercer