Short answer
The small claims track handles disputes up to £10,000 and is designed for people without lawyers. Preparation is the key to winning: gather your documents, organise your evidence chronologically, know your legal basis, and prepare a short clear statement of your case. The judge will ask questions — you do not need a formal speech.
Small claims hearings are informal but are still court proceedings. Arrive early, bring three copies of everything (one for you, one for the judge, one for the other party), and focus on facts rather than emotions.
1 The rule
The small claims track procedure is governed by
"The court may adopt any method of proceeding at a hearing that it considers to be fair … The court need not take evidence on oath."Read the official text
The hallmark of small claims is informality — no strict rules of evidence, no formal examination of witnesses, and no order for solicitors' costs against the losing party (beyond fixed costs and court fees). The judge will often take an inquisitorial role, questioning both parties themselves.
2 What you can do now
- Understand your legal basis
Before anything else, identify the legal basis of your claim. Most small claims are based on: (1) breach of contract — the other party failed to do what they promised (pay for goods, complete work, deliver a product); (2) Consumer Rights Act 2015 — goods or services were not of satisfactory quality or fit for purpose; or (3) negligence — the other party's carelessness caused your loss. Write one sentence stating your legal basis: "The defendant breached our contract by failing to pay £X for work I completed on [date]." This single sentence will guide your whole case. See the <a href="/glossary/claim" class="body-link">claim</a> and <a href="/glossary/negligence" class="body-link">negligence</a> glossary entries for the key concepts.
- Gather and organise your documents
Collect every document relevant to your claim: contracts (written or email exchanges), invoices, receipts, bank statements showing payment or non-payment, photographs of defective goods or work, correspondence (letters, emails, text messages), and any expert or specialist opinion you have obtained. Organise them in date order and number each one as an exhibit (Exhibit 1, Exhibit 2, etc.). Prepare a simple index. You do not need a formal "bundle" in small claims, but an organised set of documents makes you look credible and helps the judge follow your timeline. For detailed guidance on preserving evidence, see the <a href="/articles/how-to-keep-evidence" class="body-link">how to keep evidence article</a>.
- Prepare a written statement of your case
Write a short (one to two page) witness statement setting out: who you are; the background facts in date order; what the defendant agreed to do; what they actually did or failed to do; the loss you suffered as a result; and the amount you are claiming. Sign and date it with a statement of truth: "I believe the facts stated in this witness statement are true." Exchange it with the other party by the directions deadline. The statement is your main evidence — the judge will read it before the hearing. Keep it factual and concise; avoid abuse or inflammatory language. See the <a href="/glossary/witness" class="body-link">witness glossary entry</a> for the evidential rules.
- Calculate your claim precisely
State your claim amount as a specific figure with a breakdown: principal sum (what you are owed), plus interest at 8% per year from the date the money became due (or the date of your claim), plus the court fee. Use the <a href="/tools" class="body-link">interest calculator</a> to compute the exact interest amount and daily rate. If your claim includes damages for consequential loss (for example, you had to hire someone else to complete defective work), produce receipts or quotes supporting each item. Speculative or vague damage claims are routinely rejected — each head of loss must be evidenced.
- Attend the hearing and present your case clearly
Arrive at least 15 minutes early. Bring three copies of your bundle (judge, other party, yourself). Address the judge as "Your Honour" (district judges in county courts are addressed as "Sir" or "Ma'am"). Let the other party speak without interrupting — you will have your chance to respond. Stick to the facts; avoid personal attacks. At the end, clearly state what you want the judge to order. If the judge asks you a question, answer it directly — do not ignore it and continue with your prepared speech. If you win, ask the judge to include the court fee in the judgment. After judgment, see the <a href="/guides/debt/county-court-money-claim" class="body-link">county court money claim guide</a> for enforcement options if the defendant does not pay.
3 When this does not apply
- Claims above £10,000 (or £1,000 for personal injury and housing disrepair) are allocated to the fast track or multi-track, not the small claims track.
- Counterclaims: if the defendant files a counterclaim, the case may be allocated upwards if the combined value exceeds £10,000.
- Part 36 offers: Part 36 (offers to settle) applies in small claims but the costs consequences are limited. Even so, making or receiving a reasonable offer affects how costs of the hearing are treated.
- Paper determinations: for straightforward small claims, the judge can decide the case on the papers without a hearing if all parties agree.
4 Common questions
Can I bring a friend or family member to help me?
Yes. In civil proceedings you can bring a "McKenzie friend" — a lay person who can sit beside you, take notes, help you organise documents, and quietly advise, but cannot address the judge or examine witnesses. You must inform the court in advance that you intend to use a McKenzie friend. There is no right to be represented by a McKenzie friend in small claims, but in practice judges generally allow it for litigants in person who are clearly struggling.
What if the other party does not turn up?
If the claimant does not attend, the claim may be struck out. If the defendant does not attend, the judge will usually hear the claimant's case and, if satisfied, enter judgment in default. The absent party can apply to set aside the judgment if they had a good reason for not attending and a real prospect of success on the merits. Notify the court as soon as possible if you cannot attend your hearing.
Can I recover my costs if I win?
In small claims, costs recovery is very limited. The court can award: the court fee; travel and accommodation expenses for the hearing; expert's fees up to £750; and a small fixed sum for loss of earnings. You cannot recover solicitors' fees (unless the other party has behaved unreasonably, in which case the court has a discretion). This is why the small claims track is designed to be used without lawyers. See the <a href="/glossary/costs-order" class="body-link">costs order glossary entry</a> for the general costs rules.
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