Small claims track

The simplified court procedure for most civil claims up to £10,000 — built to be used without a solicitor, with informal hearings and tightly capped legal costs.

What is the money limit for the small claims track?

Most claims are allocated to the small claims track where the value is up to £10,000. There are exceptions — for example, personal injury claims are only allocated to the small claims track where the value is up to £10,000 overall but the personal injury element itself is £1,500 or less, and housing disrepair claims have their own thresholds.

Can I recover my legal costs if I win?

Generally, no. One of the defining features of the small claims track is that recoverable costs are tightly limited — usually just your court fee, reasonable travel expenses, and a small fixed amount for loss of earnings attending the hearing. Solicitors' fees are not normally recoverable, even if you win, which is part of why the track is designed to work without a lawyer.

How informal is a small claims hearing really?

More informal than a full civil trial, but still a court hearing. A district judge presides, strict rules of evidence do not apply in the same way, and judges are used to dealing with litigants in person. That said, you should still prepare properly — bring your evidence, know your figures, and be ready to explain your case clearly.

How is a claim allocated to the small claims track?

After a claim is defended, both sides usually complete a directions questionnaire (Form N180), which asks about the value, complexity and any special features of the case. The court then allocates the claim to a track — small claims, fast track, or multi-track — based mainly on the value and complexity involved.

Can I use a McKenzie friend at a small claims hearing?

Yes. Because the track is designed to be accessible without a solicitor, courts generally allow a McKenzie friend — someone who supports you, takes notes and offers quiet advice — even though they cannot usually speak for you or formally represent you in the hearing itself.

What happens if I lose on the small claims track?

You would normally have to pay the court fee you already paid, and you may be ordered to pay the other side's limited recoverable costs and any judgment sum found against you. Because costs exposure is capped, losing on the small claims track is generally far less financially risky than losing a claim on the fast or multi-track.

Why this track exists

The small claims track was created so that ordinary disputes — an unpaid invoice, a faulty purchase, a deposit dispute, a minor breach of contract — do not require the full formality, cost, and time of a standard civil trial. Hearings are shorter and less formal, the strict rules of evidence used in higher-value litigation do not apply in the same way, and district judges are used to dealing directly with people representing themselves rather than solicitors.

The key design choice that makes this work is costs. Because legal costs are not normally recoverable even if you win, there is little financial incentive to hire a solicitor purely to fight a small claims case — the cost of doing so would usually exceed what you could ever recover. This keeps the track genuinely accessible for litigants in person.

How allocation to the track works

• Claim is issued and defended.
• Once the defendant files a defence (Form N9), the claim moves toward allocation rather than default judgment.
• Directions questionnaire.
• Both sides usually complete Form N180, giving the court information about the value, complexity and any special features of the dispute.
• Court allocates a track.
• Based mainly on value and complexity, the court allocates the case to the small claims track, fast track, or multi-track.
• Directions and hearing.
• The court sets a timetable for exchanging evidence and lists a hearing, which is typically shorter and more informal than a fast or multi-track trial.

A claimant sues for £4,000 over faulty building work and wins at a small claims hearing. Although they paid a solicitor for some initial advice before issuing the claim, most of those legal fees cannot be recovered from the losing side.

What can typically be recovered includes the court fee paid to issue the claim, reasonable travel costs to attend the hearing, and a small fixed daily amount for loss of earnings. Anyone weighing up whether to hire a solicitor for a small claims case should factor this in — the costs protection that makes the track affordable for claimants also limits what a winning party gets back.

Letter Before Action

Interest under s.69 County Courts Act

Civil Procedure Rules, Part 27

Make a court claim for money

EX50 — civil and family court fees

Small Claims Track — Small Claims Glossary

What the small claims track is, the £10,000 limit, why legal costs are not normally recoverable, and how a claim gets allocated to it.