What Is a Small Court Claim in the UK?
A small court claim in the UK is a straightforward legal process for resolving civil disputes involving relatively small sums of money — up to £10,000 in England and Wales (and £5,000 in Scotland and Northern Ireland).
It’s part of the UK’s Civil Court System, designed to help individuals and small businesses settle disputes quickly, affordably, and without needing a solicitor.
Typical small claims include unpaid invoices, faulty goods, or service disputes. The process is deliberately simple so that most people can represent themselves.
When Should You File a Small Court Claim in the UK?
You can file a small court claim for:
- Unpaid bills or loans
- Faulty goods or poor services
- Refund or deposit disputes
- Property damage
- Landlord-tenant issues, such as non-return of a security deposit
Before going to court, it’s important to attempt to resolve the matter informally — for example, by sending a written complaint, negotiating directly, or using a mediation service. Courts expect claimants to make reasonable efforts to settle disputes before filing a claim.
Monetary Limits for Small Claims in the UK
| Region | Maximum Claim Amount |
|---|---|
| England and Wales | £10,000 |
| Scotland | £5,000 |
| Northern Ireland | £5,000 |
If your claim exceeds these limits, it must be filed under the regular civil court process (County Court or High Court).
Steps to File a Small Court Claim in the UK
Step 1: Attempt to Resolve the Dispute
Start by writing a “letter before claim” to the defendant, outlining:
- The nature of your complaint
- The amount you’re claiming
- A deadline (usually 14 days) for them to respond before you take legal action
This letter serves as formal notice and shows the court you’ve made an effort to settle the matter amicably.
Step 2: Prepare Your Case
Gather all relevant evidence, such as:
- Receipts, contracts, or invoices
- Photos or videos of damage
- Written correspondence (emails, messages, or letters)
- Witness statements, if applicable
Organising your evidence early will make your claim stronger and easier to present.
Step 3: File the Claim
You can file your claim either online or by post.
Online Application
Use the Money Claim Online (MCOL) portal at GOV.UK – Make a court claim for money. This is the fastest and most convenient option for England and Wales.
Paper Application
If you prefer to apply by post, complete Form N1 (available on the GOV.UK website or at your local court). Send it to the nearest County Court along with the filing fee.
Step 4: Pay the Filing Fee
The filing fee depends on the claim amount and how you submit your application.
| Claim Amount | Online Fee | Paper Fee |
|---|---|---|
| Up to £300 | £35 | £50 |
| £300.01–£500 | £50 | £70 |
| £500.01–£1,000 | £70 | £80 |
| £1,000.01–£10,000 | 5% of claim amount | 5% of claim amount |
Payment can be made online via debit/credit card or by cheque/postal order for paper applications.
Step 5: Serve the Defendant
Once your claim is filed, the court will send a notice of claim to the defendant. They have:
- 14 days to respond, or
- 28 days if they acknowledge receipt of the claim
If they fail to respond within this timeframe, you can request a default judgment, meaning the court may automatically rule in your favour.
Step 6: Prepare for the Hearing
If the defendant disputes your claim, the case will go to a hearing.
Prepare by:
- Reviewing your documents and evidence
- Writing a clear summary of your argument
- Practising how to explain your case confidently and concisely
Small claims hearings are informal compared to other court proceedings, and most take place in a County Court before a District Judge.
Step 7: Attend the Hearing
At the hearing, both sides will present their case. You’ll have a chance to explain your claim, present evidence, and answer the judge’s questions.
After reviewing the evidence, the judge will either make a decision immediately or within a few days.
Costs of Filing a Small Claim in the UK
The total cost of filing a small claim depends on your claim amount and whether a hearing is required.
- Filing fee: £35 to 5% of your claim
- Hearing fee: £25 to £335, depending on claim value
If you win your case, the court may order the defendant to reimburse your filing and hearing fees.
What Happens After Filing?
1. Defendant’s Response
The defendant can:
- Pay the claim in full
- Dispute the claim, or
- Ignore the claim, resulting in a default judgment
2. Mediation
Before a hearing, you may be offered free court mediation to help both parties reach a settlement without going to court.
3. Judgment Enforcement
If you win and the defendant still doesn’t pay, you can enforce the judgment through:
- County Court bailiffs (to collect payment or seize goods)
- Attachment of earnings orders (deducting money from wages)
- Charging orders (placing a claim against property)
Tips for Filing a Successful Small Court Claim
- Be clear and factual: Use simple, direct language when explaining your case.
- Provide strong evidence: Documentation, receipts, and photos are crucial.
- Stay professional: Remain calm and respectful during proceedings.
- Meet deadlines: Always respond promptly to court correspondence.
- Know your limitation period: Most claims must be filed within 6 years of the incident in England and Wales.
Frequently Asked Questions (FAQs)
Can I claim online for all small claims in the UK?
Most claims in England and Wales can be filed online via Money Claim Online, but some, such as landlord-tenant disputes, require paper forms.
Do I need a lawyer for small claims court?
No. Small claims court is designed for self-representation, though you can seek legal advice beforehand.
What if the defendant doesn’t respond?
You can apply for a default judgment, meaning the court may automatically rule in your favour.
How long does the small claims process take?
Most small claims are resolved within 3 to 6 months, depending on complexity and court schedules.
Can I appeal a small claims court decision?
Yes, but only if there was a legal or procedural error. Appeals must be filed within 21 days of the judgment.
What if my claim exceeds £10,000?
Claims above £10,000 must be handled in the County Court or High Court under standard civil procedures.
Conclusion
Filing a small court claim in the UK is a practical way to resolve financial or contractual disputes up to £10,000. By following the correct steps, preparing solid evidence, and staying within court deadlines, you can pursue justice effectively — often without needing a solicitor.
For detailed instructions, visit the official GOV.UK small claims guidance page or contact your local County Court for support.
For fixed-fee legal help with your case,
contact Martin Taggart — your trusted UK legal partner.