How long does a small claims hearing take?

Most are listed for 30-60 minutes and finish on time. Complex cases get 2 hours. The judge will warn you if your case is likely to overrun.

Can I attend by phone or video?

Increasingly yes. Since 2020, many small claims hearings are held by Cloud Video Platform (CVP). The court will tell you with the listing notice. You can also apply for a remote hearing if you have a good reason.

Smart casual or office attire. No suit needed. Just look like you took it seriously.

Can I bring someone with me?

Yes. A McKenzie Friend can sit beside you, take notes, and quietly advise you — but cannot speak for you without permission. Children should not attend unless absolutely necessary.

What if the defendant doesn't turn up?

The judge will usually proceed in their absence after waiting 15 minutes. You still have to prove your case — the judge will hear your evidence and make a decision based on what is in front of them.

Can the judge reserve judgment?

Yes, though it is rare in small claims. A reserved judgment is usually issued in writing within 4 weeks. The judge will tell you at the end of the hearing if they need more time to decide.

What costs can I recover if I win?

On the small claims track, recoverable costs are limited under CPR 27.14. You can recover: the court issue fee, witness expenses up to £90 per day per witness, expert fees up to £750 (if the court gave permission), and travel costs. Solicitor fees are not recoverable except in exceptional circumstances.

What if I think the judge got it wrong?

You can appeal to a circuit judge, but only on a point of law or procedural irregularity — not because you disagree with the factual findings. You need the judge's permission to appeal, or the circuit judge's permission if the trial judge refuses. Apply within 21 days of judgment.

What happens at a small claims hearing.

What to expect at a small claims hearing in England and Wales: how to prepare a bundle, what to bring, arrival procedure, and giving evidence.

Confirm the time and venue (some hearings are now by video). Take three copies of your bundle. Re-read your witness statement and the defendant's. Plan to arrive 30 minutes early.

Court usher checks you in. Do not talk substantively to the defendant; a polite hello is fine. Sit in the waiting area until called.

Small claims hearings are held in chambers (a meeting room) not a courtroom. No wigs, no formal robes. Address the judge as “Sir” or “Ma'am” (England) or “Your Honour” if a circuit judge.

The judge introduces themselves, confirms who's who, and asks the claimant (you) to give a 2-3 minute summary of the case. Stick to facts, not feelings.

You give evidence first. The judge or the defendant may ask questions. Answer the question asked, briefly. Do not get drawn into argument.

Defendant gives their version, you can ask short factual questions. Avoid sarcasm, interruption, or theatrical objections — judges remember these.

Judge usually decides on the day, briefly explaining reasons. They tell you what was awarded, who pays the court fees, and any time to pay. Get a written order in the post within 7 days.

If you won and they do not pay within the time the judge set, you move to enforcement (warrant, attachment of earnings, charging order, third-party debt order, or oral examination).

How to prepare for and attend a small claims hearing

Prepare your evidence bundle

Organise all documents chronologically with an index and page numbers. Make three identical copies: one for the judge, one for the other party, one for yourself.

Aim to arrive at the court 30 minutes before the listed time. Check in with the court usher and wait in the designated area.

Address the judge correctly

Call the judge “Sir” or “Ma'am” for a district judge, or “Your Honour” for a circuit judge. Do not call them “judge” alone.

Give your opening summary

As the claimant you go first. Give a 2-3 minute factual summary. Stick to the core dispute — what was agreed, what went wrong, what you lost.

Give your evidence and answer questions

Speak clearly, answer only what is asked, and refer the judge to specific tabs in the bundle when mentioning a document.

The judge usually decides on the day. Listen carefully to the reasons and the exact amount awarded. Get the written order when it arrives by post within 7 days.

Most cases are lost before a word is spoken in the hearing room. Good preparation is the difference between a confident claimant and one hunting for documents under questioning.

Preparing your evidence bundle

The bundle is your core tool in the hearing. It should contain: an index page at the front, all documents in chronological order (oldest first), witness statements at the back with a divider, and page numbers on every sheet. Tab each section so the judge can flip straight to anything mentioned. Three identical copies on the day: judge, other party, yourself.

Most courts now accept digital bundles submitted via the court portal, but bring paper as backup. A bundle that the judge can hold and annotate is still the default in most small claims rooms.

Three copies of your full evidence bundle (including index and witness statements)
Any original documents not already in the bundle (the court may want to inspect originals)
A pen and notepad for taking notes during the other side's evidence
Photo identification (some courts check)
The court hearing notice and case number
A calm, measured mindset — judges respond to logic, not emotion

From arrival to judgment

A typical small claims hearing in England and Wales follows this sequence. Most claimants describe it afterwards as "less intimidating than I expected".

How the judge runs it

Small claims judges take an inquisitorial approach — they ask questions themselves, they may take the lead in examining witnesses, and they are not constrained by strict rules of evidence. Hearsay is admitted. Opinion evidence is permitted within reason. The standard of proof is the balance of probabilities (more likely than not).

Do not try to "object" in the way you have seen in TV court dramas. If the other side says something factually wrong, you will get a chance to correct it when it is your turn to speak, or the judge will probe it themselves. Interrupting or theatrical gestures irritate judges and distract from your case.

The judge reads the papers before the hearing. They already know the broad outline of the dispute. Your job in the hearing is to fill in the gaps, emphasise the most important documents, and answer questions honestly.

Judgment — same day vs reserved

In the vast majority of small claims hearings, the judge announces a decision on the day. After both sides have finished, the judge will usually sum up the key points and give a brief explanation of the reasons before announcing the outcome. This verbal judgment is then followed by a written order sent in the post within 7 days.

Occasionally — usually in more complex factual disputes or where the judge wants to check a point of law — judgment is reserved. The judge will say so at the end of the hearing and give you an indication of the timeframe. Reserved judgments in small claims are usually issued in writing within 4 weeks.

The written order sets out the amount awarded (if anything), whether the issue fee is recoverable, the deadline for payment, and any interest. Keep this safe — you will need it for enforcement if the defendant does not pay.

After the hearing — win or lose

The defendant usually has 14 days to pay (or whatever period the judge set). If they pay on time, keep confirmation. If they do not pay, do not chase indefinitely — move straight to enforcement. Options include a warrant of control (bailiffs), attachment of earnings, a charging order on property, or a third-party debt order against their bank account.

You can appeal to a circuit judge within 21 days of judgment, but only on a point of law or procedural irregularity. You need permission to appeal — from the trial judge at the hearing, or from the circuit judge if refused. Appeals on "the judge got the facts wrong" almost never succeed. Consider whether the cost and time of an appeal justifies the amount at stake.