Am I eligible to bring a small claim?
If you can answer YES to all five, your dispute belongs on the small claims track and you can almost certainly bring it without a solicitor.
Am I eligible to bring a small claim?
The five-question eligibility test
| Criterion | If YES | If NO |
|---|---|---|
| Claim is for £10,000 or less | Small claims track | Fast / multi-track (need separate route) |
| Claim is in England or Wales | County Court | Scotland: Simple Procedure · NI: Small Claims Court |
| Defendant has a UK address (or assets here) | Enforceable | Cross-border enforcement adds time + cost |
| Claim is for a money sum (debt or damages) | Small claims track | Possession claims, injunctions etc. need different route |
| Within the limitation period (usually 6 yrs) | In time | Time-barred — claim cannot be brought |
If you are claiming both money and an order (e.g. money plus delivery of goods), the money element decides the track if the non-money element is straightforward.
If you are sued and want to counterclaim, your counterclaim follows the same rules. A £15,000 counterclaim against a £4,000 claim will push the whole case off the small claims track.
Multiple defendants.
Fine — you can name several defendants in one N1 form. Allocation is on the total claim value, not per defendant.
Possible but harder. You need permission to serve outside the jurisdiction (CPR Part 6) and enforcement abroad takes much longer. For consumer claims against EU traders, EU consumer protection rules may help.
If you are eligible — what next?
- Send a Letter Before Action.
- Mandatory under the Pre-Action Protocol. Gives the other side 14–30 days to pay or respond before you issue.
- File via Money Claim Online (MCOL).
- Lower fees than paper, instant case number, and the simplest path for a debt claim under £100,000.
- If defended, prepare your case.
- Witness statement, evidence bundle, hearing-day reference notes. The court will give you a directions order with deadlines.
- Informal, in chambers, judge-led. Most last under an hour. You give evidence, answer questions, and the judge usually decides on the day.
- A judgment is not money in your bank. If the defendant doesn’t pay voluntarily, you have five enforcement methods to choose from.