Small Claims Court
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
The Small Claims Track of the County Court is designed for disputes worth up to £10,000 (England and Wales). It's informal, relatively quick, and you don't usually need a lawyer.
Key facts:
- Court fees: Range from £35 (for claims up to £300) to £455 (for claims up to £10,000). Payable online or by post.
- No costs rule: Even if you lose, you usually don't have to pay the other side's legal costs — only the court fee and limited expenses.
- Mediation: The court will usually offer free telephone mediation before a hearing.
- Hearing: Typically informal — held in a private room, not a courtroom. The judge asks questions directly.
In Scotland, the equivalent is the Simple Procedure in the Sheriff Court (claims up to £5,000).
When does it apply?
- Your claim is for money owed, faulty goods or services, personal injury under £1,000, or a dispute with a landlord about repairs or deposits.
- You've tried to resolve the dispute directly first (a "letter before action" giving the other side 14-28 days to respond is expected).
- The limitation period is usually 6 years from the date the problem occurred (5 years in Scotland).
- Claims can be filed online through Money Claims Online (MCOL) at gov.uk.
What should you do?
- Send a letter before action — give the other party 14 days to resolve the matter before you file a claim.
- File your claim online at moneyclaims.service.gov.uk (for money claims) — it's cheaper and faster than paper forms.
- Include all evidence — receipts, photos, correspondence, contracts, expert reports.
- Accept the court's offer of free mediation — most small claims cases settle this way without a hearing.
- If you win and the other side doesn't pay, you can use enforcement methods: bailiffs, attachment of earnings, or charging orders.
What should you NOT do?
- Don't skip the letter before action — courts expect you to try to resolve things first. Going straight to court can count against you.
- Don't exaggerate your claim — only claim for what you can prove. Courts look unfavourably on inflated claims.
- Don't ignore a counterclaim — if the other side counterclaims, respond by the deadline or they may win by default.
Scotland Law
Choose your region
How Scotland differs from UK national law
Scotland has a different small claims system:
- The equivalent is the Simple Procedure in the Sheriff Court, for claims up to £5,000 (compared to £10,000 in England & Wales).
- The process is designed to be accessible without a solicitor.
- Cases are heard in the local Sheriff Court, not the County Court.
- Court fees are generally lower than in England.
Additional Steps in Scotland
- File a Simple Procedure claim at scotcourts.gov.uk.
- Free legal advice is available from Citizens Advice Scotland.
Relevant Law: Courts Reform (Scotland) Act 2014; Act of Sederunt (Simple Procedure) 2016
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.
LawDepotSend a formal demand letter to a business or creditor. State-specific financial and consumer documents ready in minutes.Create a Demand Letter →Credit KarmaFree credit monitoring, dispute tools, and alerts. Know when your credit report changes.Check Your Credit Free →IdentityGuardIdentity theft protection and monitoring. Get notified if your personal information is misused.Protect Your Identity →