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Plain-English guide to bringing a breach of contract claim through the small claims court. The four elements, how to quantify your loss, the six-year limitation period, and a step-by-step claim process.

A clear proposal — "I will paint your kitchen for £600" — capable of being accepted on its terms.

The other side agrees to the offer as it stands. A counter-offer kills the original offer; the parties are still negotiating until both align.

Each side gives something of value — money, goods, services, or a promise. Without consideration, there is no contract (only a gift).

Intention to create legal relations

The parties must have meant the agreement to be legally enforceable. This is presumed for commercial deals; presumed not for purely social or domestic arrangements unless rebutted.

How to bring a breach of contract claim through the small claims court

The step-by-step process for suing someone for breach of contract in the small claims court in England and Wales.

Pin down the contract terms

Collect all evidence of the contract: emails, texts, invoices, quotes, and any written agreement. Identify the specific term that was breached.

Was it a failure to deliver, late delivery, substandard work, or non-payment? Define the breach precisely.

Calculate the cost to put you in the position you would have been in had the contract been performed. Get quotes for remedial work if needed.

Send a Letter Before Action

Write to the defendant giving 14 days (individual) or 30 days (business) to remedy or pay. State the exact sum claimed.

File via Money Claim Online

Issue the claim via MCOL. Add 8% statutory interest under s.69 County Courts Act 1984. Attach all evidence.

Prepare a witness statement setting out the facts chronologically. Bring your evidence bundle and any expert quote for remedial work.

The four elements of a binding contract

Before you can sue for breach, you must show a contract actually existed. English contract law requires all four of the following to be present.

Step-by-step: bringing your claim

Quantifying your loss

Damages for breach of contract are designed to put you in the position you would have been in had the contract been performed. The classic test from

(1854) limits recovery to losses that:

• Arise naturally from the breach (direct loss); or
• Were reasonably in the contemplation of both parties when the contract was made (consequential loss).

You also have a duty to mitigate — to take reasonable steps to reduce your loss. If you let damage compound when a quick fix was available, the court will reduce your award.