Can You Claim Legal Costs in Small Claims Court?
Small claims court in the UK is designed to make justice affordable and accessible. The process is intended for individuals and small businesses to resolve disputes without needing to hire a solicitor. Because of this, recovering legal costs is generally restricted.
In most cases, you cannot claim your solicitor’s fees from the other party, even if you win. However, you can typically recover some out-of-pocket expenses such as court filing fees, service fees, and certain enforcement costs.
These limits help ensure small claims remain straightforward, cost-effective, and fair to both parties.
Recoverable Costs in Small Claims Court
While you won’t usually recover professional legal fees, several other costs may be claimed if you win your case.
Filing Fees
The fee you paid to file your small claim is generally recoverable. When the court awards judgment in your favour, it may include your filing fee in the total amount owed by the losing party.
Service of Process Fees
If you incurred costs for serving court papers — for example, by using recorded delivery, a process server, or a court bailiff — these fees can also be added to your claim.
Witness Fees
If witnesses were required to attend your hearing and you paid them for travel or time, those witness expenses can be claimed back, provided they were necessary to support your case.
Judgment Enforcement Fees
Winning the case doesn’t always mean immediate payment. If the losing party fails to comply with the judgment, you may need to take enforcement steps — such as a warrant of control, attachment of earnings, or charging order. The costs of these enforcement actions are usually recoverable.
Legal Costs That Are Not Recoverable
Solicitor or Legal Representation Fees
One of the key principles of small claims court is self-representation. The process is deliberately simplified so that parties can handle their own cases.
Because of this, you cannot normally recover solicitor’s fees. There are, however, a few narrow exceptions:
- Contractual clauses allowing recovery of legal costs may be enforced.
- In exceptional cases, the court may order one party to pay legal costs if they behaved unreasonably or acted in bad faith.
Travel and Accommodation Costs
Expenses for travelling to and from the court, or staying overnight, are not recoverable. The court considers these to be personal expenses rather than legal costs.
Lost Wages or Time
You also cannot claim for time lost in preparing or attending court. Small claims procedures are designed to limit compensation for personal inconvenience.
Exceptions to the General Rule
Bad Faith or Frivolous Claims
If the judge finds that a party acted maliciously, unreasonably, or brought a frivolous claim, they may award costs against that party — including, in rare cases, some legal fees.
Contractual Agreements
Where a contract specifically states that the successful party can recover legal costs, the court can enforce this clause, provided it is reasonable and fair. This is more common in business-to-business disputes.
Tips for Managing Legal Costs in Small Claims Court
1. Avoid Hiring a Solicitor
Unless your case is unusually complex, it’s generally best to represent yourself. The small claims process is designed to be user-friendly.
2. Use Free Resources
Many county courts and local councils offer free advice services or small claims advisers who can guide you through the paperwork and procedures.
3. Be Organised
Prepare your documents carefully, label your evidence clearly, and be concise when presenting your case. The better prepared you are, the less likely you’ll face unnecessary delays or costs.
4. Consider Mediation
Before your case reaches a hearing, you may be offered free mediation through the Small Claims Mediation Service. Mediation can save time and costs by helping both parties reach a settlement without going to court.
Frequently Asked Questions
Can I recover filing fees if I lose the case?
No. Filing fees are only recoverable if you win your case.
Can I include court costs in my claim amount?
Yes. Filing fees, service fees, and similar costs can be added to your claim — but you must mention them when submitting your claim or during the hearing.
What if the defendant appeals and I win again?
In some cases, additional costs from the appeal process — such as further court fees — may be recoverable.
Can I recover my travel costs?
Usually not. The court rarely awards travel or accommodation costs unless they were essential and proportionate.
What if the defendant behaves unreasonably?
If a party acts unreasonably — for example, by ignoring court directions or wasting time — the court may order them to pay additional costs as a sanction.
Do I need a solicitor for a small claim?
Not usually. Small claims courts are designed for people to represent themselves, keeping costs low and the process simple.
Conclusion
In summary, recoverable costs in small claims court are limited to necessary expenses like filing, service, and enforcement fees. You generally cannot recover solicitor’s fees or personal costs, unless specific exceptions apply — such as a contractual agreement or bad-faith conduct by the other party.
By preparing your case thoroughly, understanding what costs are allowed, and using the court’s free support services, you can keep your expenses low and increase your chances of a successful outcome.
For fixed-fee legal help with your case,
contact Martin Taggart — your trusted UK legal partner.