Small claims hearing

The final step of a small claims track case — far less formal than a full civil trial, and not every case gets one, since some are decided on paper instead.

Will I definitely get a hearing if my small claim is defended?

Not necessarily. Under CPR 27.10, the court can deal with a small claim without a hearing at all, but currently only if all parties agree. If either side wants a hearing, one will normally be listed. Where the court does list a hearing, it will usually be in front of a district judge, and it is much less formal than a full civil trial.

Do I need a solicitor at a small claims hearing?

No. The small claims track is designed to work without one. You can represent yourself, bring a lay representative under Practice Direction 27A to speak for you in some circumstances, or instruct a solicitor or barrister if you choose to. Because legal costs are not normally recoverable even if you win, most people represent themselves.

Can I get my solicitor's fees back if I win?

Almost never. CPR 27.14 sets out a general rule that the court will not order one side to pay the other's legal costs on the small claims track. What can typically be recovered is limited to fixed amounts — the court fee, reasonable travel expenses, a set daily amount for loss of earnings, and capped expert fees where the court gave permission for expert evidence.

Is there any situation where costs can be awarded against the other side?

Yes. CPR 27.14(2)(g) lets a court order a party to pay costs assessed under the summary procedure where that party has behaved unreasonably. This is applied narrowly by the courts, and simply rejecting a settlement offer is not, on its own, treated as unreasonable behaviour under CPR 27.14(3). It is generally reserved for genuinely poor conduct of the case, not just losing it.

Can the hearing be by video or telephone instead of in person?

Often, yes. Many small claims hearings are now held remotely, by video platform or telephone, particularly for lower-value or straightforward disputes. The notice of hearing you receive from the court will say the format, and you can ask the court about joining instructions if they are not clear.

What should I take to the hearing?

Bring the documents you already sent the court and the other side — your evidence, any witness statements, and a copy of your statement of case — plus a spare set for the judge and a spare set for the other party, since courts do not assume everyone already has what they need on the day. Arrive in good time; a missed or late hearing can lead to the claim being decided against you or a request to have judgment set aside later.

Not every small claim gets a hearing

People often assume that defending or being sued on a small claim automatically means standing in front of a judge. It doesn't. Once a claim is defended, both sides usually complete a directions questionnaire (Form N180) and the court allocates the case to a track based mainly on value and complexity. Allocation to the small claims track is what puts a case on the path toward a hearing — it is not the hearing itself.

, the court may deal with a small claim without any hearing at all, but currently only if all parties agree. In practice this happens most often where the facts are largely undisputed, the sums are modest, or the parties would rather have a decision on the papers than take time off to attend. There has also been a Civil Procedure Rule Committee consultation on allowing judges to direct paper determination in some cases without needing everyone's consent, following an earlier pilot scheme. Until any rule change actually comes into force, the current position remains that a hearing can only be skipped by agreement.

If a hearing is going to happen, the court will send a notice of hearing giving the date, the format (in person, video or telephone) and the time allowed, along with any directions about exchanging evidence beforehand.

How the hearing itself works

Small claims hearings are deliberately informal compared with a full civil trial.

gives the judge wide discretion to adopt any method of proceeding that they consider fair, and the strict rules of evidence that apply in higher-value litigation do not apply in the same way. A judge can take what is often described as an inquisitorial approach — asking questions of the parties and any witnesses directly, rather than simply waiting for each side's advocate to lead them through cross-examination. The judge can also limit or structure cross-examination, for example by asking their own questions first or restricting questioning to a particular issue.

For a straightforward dispute, a hearing is often over within thirty minutes to an hour, though more complex claims — particularly disrepair, boundary, or multi-issue disputes — can run considerably longer. Most district judges give their decision at the end of the hearing on the same day, explaining their reasoning briefly, and a written record or copy of the order follows afterwards.

Who can appear, and who can speak for you

In person, by video, or by telephone

A small claims hearing does not always mean travelling to a courthouse. Many are now held remotely by video platform or by telephone, particularly for lower-value or straightforward disputes, and the notice of hearing will confirm the format along with any joining instructions. Where a claim is heard in person, it is typically held in the judge's room rather than a full courtroom, which is part of what keeps the atmosphere less formal than higher-value litigation.

Whichever format applies, the same basic expectations hold: arrive or log in in good time, have your documents ready and in order, and treat it as seriously as any other court hearing — informal procedure does not mean the outcome is any less binding.

The no-costs rule, and the exception that catches people out

The defining feature of costs on the small claims track is

, which sets a general rule that the court will not order one party to pay the other party's costs, fees and expenses of the case. This is what makes the track workable without a lawyer: there is little financial upside to instructing one purely to fight a small claim, since you generally cannot pass that cost on even if you win.

CPR 27.14 does set out specific, fixed exceptions to that rule. A winning party can typically recover the fixed costs attributable to issuing the claim, the court fee actually paid, reasonable travel and subsistence expenses for attending the hearing, a set daily amount for loss of earnings or loss of leave for attending, and capped experts' fees where the court gave permission for expert evidence. Practice Direction 27A sets the current prescribed daily amounts — check the figure in force before relying on it, since these are periodically updated.

The exception that surprises people is

: the court can order a party to pay costs assessed under the summary procedure where that party has behaved unreasonably. Courts apply this narrowly — conduct has to go well beyond simply losing or running a weak case — and

expressly says that rejecting a settlement offer does not, by itself, count as unreasonable behaviour, although the court can still take it into account. It exists to discourage genuinely poor conduct of a case, not to reopen the general costs rule by the back door.

A consumer buys a sofa for £2,400 that develops a structural fault within weeks. The retailer refuses a refund or repair, so the consumer sends a Letter Before Action setting out the claim under the Consumer Rights Act 2015, then issues a county court claim for £2,400 plus interest when the retailer still does not respond satisfactorily.

Court fee to issue (EX50 band)

In person, ~45 minutes

The retailer files a defence, both sides complete Form N180, and the claim is allocated to the small claims track. At the hearing, the district judge hears briefly from both sides, asks the consumer directly about when the fault appeared and what photos or messages they have, and gives judgment for the consumer at the end of the hearing.

The consumer recovers the £2,400, the £115 court fee, and a fixed amount for a day's lost earnings for attending. What they do not recover is the small amount they had separately paid a solicitor for a one-off letter reviewing the contract terms before issuing — under CPR 27.14, that legal cost stays with the party who incurred it, win or lose.

Directions questionnaire (N180)

County court judgment

Civil Procedure Rules, Part 27

Practice Direction 27A

What happens at the hearing

EX50 — civil and family court fees

Small Claims Hearing — Small Claims Glossary

What happens at a small claims hearing, who can appear, whether every claim gets one, and why legal costs are not normally recoverable even if you win.