Small claims court

Claims that are often made through the small claims court process include:

• Compensation for poor service provided by builders, dry cleaners, garages and so on.

• Compensation for faulty goods, for example, televisions or tumble dryers which develop an issue.

• Disputes between landlords and tenants, for example, rent arrears or compensation for not doing repairs.

• Wages owed (such as freelancers not being paid), or other employment-related pay disputes.

Claiming for a flight delay? Court isn't always necessary – see our Flight delay compensation guide.

You can't sue for personal injury claims for more than £1,000, or if you're a tenant of a residential property claiming against your landlord where the cost of repairs is estimated to be more than £1,000.

There are some claims that the usual small claims court won't normally deal with, even if the claim for damages is low (usually because the law is too complicated in that area). One example of this is intellectual property claims.

For claims of £10,000 or more, you're likely to end up in what's called the 'fast track' or the 'multi track' system, which is beyond the scope of this guide. 

This tends to involve a more formal hearing, and you're more likely to need legal advice here. See the Gov.uk 'making a court claim' webpages for more information on larger claims.

The structure of the court system in England and Wales is complex, but in simple terms, county courts deal specifically with civil cases (as opposed to criminal cases, which start in magistrates' court, with more serious matters being sent straight to the crown court).

Often civil cases are when an individual or a business believes their rights have been breached, and while most of these take place in the county court, complex cases or those involving large amounts of money will be heard at the High Court.

You can find your nearest county court using this Gov.uk 'find a court' service.

No, but if you do lose you will need to pay both your and the other side's legal costs, which is why you need to be sure that you have a strong case.

If the person or business you are claiming against does nothing and there is a default judgment, in this instance THEY will have a CCJ against their credit record.

A CCJ can seriously affect your ability to get a mortgage, credit card or other financial products in future.

However, if you pay the CCJ off in full within 30 days, you can apply through the court to have it removed; if not, it will remain visible to lenders for six years.

Court action shouldn't be your first attempt to resolve the situation. You must be able to show that you've tried to settle a claim before even getting to the court stage – if you can't, the court may penalise you.

The court will expect you to have already made your claim in writing, giving the other person or the company a reasonable amount of time to reply (you should specify how long in the letter). You should also warn them that you'll take court action if they fail to reply within the given time. You never know, just saying this may be the push they need to cough up.

Consider an ombudsman or watchdog instead

Before making a court claim, consider first taking your complaint to an ombudsman or watchdog, which work to protect consumers. Ombudsman services are totally free so you can't have any costs awarded against you – meaning you have nothing to lose.

As well as looking at the legal points, an ombudsman will also consider good industry practice, giving you a better chance at success. 

You might be able to solve the issue during mediation

You may feel like you want your day in court, but don't rule out the possibility of success during 'mediation'. One hour of mediation is now a compulsory step in the court claim process, as we outline in our step-by-step section. 

If your claim's for £10,000 or more, you've less chance of being in the small claims system, which is by far the easiest way to claim. If you're just above the limit, consider lowering it to under £10,000 (even if your earlier letters demanded more).

In Scotland, the court claims (known as 'simple procedure') maximum is £5,000, while in Northern Ireland it's £3,000.

You have the right to make a claim up to six years after you paid for the service or product in England, Wales and Northern Ireland, and five years in Scotland. 

Also know that there's a small risk that the judge will say your case can't be dealt with as a court claim because it's too complex, or the hearing will take longer than a day. So be prepared – you may have to follow a more difficult procedure.

What about cases outside the UK?

You can't claim online if the defendant's address is outside England and Wales. Plus, sometimes you'll need the court's permission to serve the claim form, which essentially means sending the form to whoever you're claiming against.

There are special procedural rules that have to be followed with cases outside the UK, and it can be complicated so you may need to seek guidance from the court.

Since Brexit, the procedure for European cross-border claims no longer applies.

If the person or company you're lodging your claim against doesn't reply within 14 days, you can ask the court for a 'judgment by default'. If this happens, you may win the case by default. Don't rely on this happening – just be aware it's possible.

If you claim a fixed amount and are in a position to request a default judgment, then it will be for the amount you claimed. However, if you claim a completely inflated amount, then you will put the person or company in a stronger position to ask the court to set the judgment aside.

Make sure you check the shop or individual has the money to pay up if they do lose. If not, taking your claim to the court will be a waste of time.

If it's been a particularly bad battle and the business or individual hasn't budged an inch throughout your complaint, it's worth taking a step back to consider if they'll ever pay up. Unfortunately, even if you win in court, this still doesn't mean you're guaranteed the cash.

Also be aware that during proceedings the person you're claiming against may have applied for what's known as 'breathing space', which can give them a break from court action for up to 60 days.

When it comes to companies, a small percentage of cowboy firms will do all they can to avoid paying out, even if you get the bailiffs on them. One way to check a company's history is to run a judgment search at the Registry Trust. It costs from £6 and it may help you decide whether it's worth carrying on your claim.

If you do win, bear in mind that the money you might be awarded by the judge won't necessarily be as much as you originally claimed for.

You'll be awarded what you legally deserve, which may be what you claimed or less. The general object of compensation is to put you in the same position, money-wise, that you would have been in had the person or company not acted in the way you're complaining about. It isn't to make a profit.

If you're on benefits or have a low income, you may qualify for 'remission of the fees' – a fancy way of saying that you won't have to pay the fees. But this won't stop the judge ordering you to pay the other side's expenses if you lose.

You can apply for help with fees online, at Gov.uk. Do this before you make the claim – you'll get a 'help with fees' reference number, which you'll need when you go to make your claim. 

You can also apply for the help by post, though if you do this, you'll need to make your court claim by post too. See apply for help with fees by post on Gov.uk for more info.

If you win your case, you'll get the court fees back as well as the claim, and you can ask for certain expenses.

If you win, you can't charge fees for any legal advice to the defendant. So if you pay for legal advice, you're unlikely to get it back. This is why most people deal with small claims without a solicitor's help.

If you lose, you shouldn't have to pay the other party's lawyer's fees – but you could find yourself having to pay certain expenses of theirs, and you won't get the court fees back.

You'll have to pay within 14 days of the hearing, but you can ask for more time to pay the costs and anything else by instalments once the court has seen full details of your financial situation: income, expenses, assets and so on. You could end up paying:

• £90 a day for loss of earnings or leave to attend a hearing, plus reasonable travelling expenses for each of the other side and any necessary witnesses they take along to court.

• £750 if the judge gave them permission to get evidence from an expert – for example, someone required to inspect a sofa for a fault.

Result! You have scared them enough into paying you the money without having to take them to court. But there still might be work to be done.

If they can pay the money immediately, that's great – this should be sent directly to you.

If they tell you they need time, you will need to come to some sort of arrangement, but it's down to the defendant to fill in the paperwork this time (they will need to send a form to the court requesting 'judgment on admission').

If they don't stick to this arrangement, you can take legal action against them forcing them to pay. If you don't accept their offer, then you have to give your reasons why. A court official will decide what a reasonable arrangement should be.

The court will send both parties an order for payment. If you're not happy, you should write to the court giving your reasons and you must send a copy of the letter to the defendant. A judge will then decide what is reasonable for the defendant to pay. If the defendant doesn't keep to the arrangement, again, you can take enforcement action.

If the defendant decides to defend your claim, they have 14 days to respond. When their defence is returned to the court, you'll be sent a 'directions questionnaire' which you must return no later than the date written on it. The court will use the information given on the directions questionnaire to decide which 'track' the case will be allocated to.

If you want to attend the hearing but can't, you can write to the court and apply for a later date to be set. But be warned: saying it clashes with a hair appointment won't cut it and it will (literally) cost you.

But if the cost of getting to the court hearing is higher than the claim merits, you can write to the court and ask it to deal with the claim in your absence. You should also send a copy of your letter to the other side, and it must arrive with the court and defendant no later than seven days before the hearing date.

Sometimes the court won't set a final hearing date at the allocation stage. It could instead propose that the claim is dealt with without a hearing. If the parties don't object, the case will be decided on the papers, or written evidence, only. If the parties don't reply by the date given, the judge may treat the lack of reply as consent.

A preliminary hearing could be held if the claim requires special directions that the judge wants to explain to the parties personally. It may also be held if the judge feels that you (or the defendant) have no real prospect of succeeding and wants to resolve the claim as soon as possible to save everyone time and expense. Additionally, a preliminary hearing might be necessary if the papers don't show any reasonable grounds for bringing the claim. A preliminary hearing, therefore, could become a final hearing where the matter is decided once and for all.