Small Claims Court UK: FAQs on Claims Under £10,000

At a glance

• General small claims limit: £10,000 for most civil disputes (CPR rule 26.9(4)).
• Personal injury limit: overall claim £10,000 or less, and the pain/suffering/loss-of-amenity element no more than £5,000 (most RTA claims), £1,000 (specific RTA circumstances under CPR rule 26.10), or £1,500 (any other personal injury claim).
• Housing disrepair limit: estimated repair cost £1,000 or less AND any other damages £1,000 or less.
• Issue fees: scaled from £35 (claims up to £300) to £455 (claims up to £10,000), then 5% of the claim above that — check the current EX50 fee schedule before you pay, as fees are reviewed periodically.
• Mediation: if your claim is £10,000 or less and disputed, you'll usually be required to try the free HMCTS Small Claims Mediation Service before a hearing is listed.
• Costs: under CPR rule 27.14, the winner generally cannot recover solicitor's fees — only fixed costs, court fees, and limited expenses, unless the other side behaved unreasonably.
• Enforcement: if a judgment isn't paid, options include a warrant of control (bailiffs), an attachment of earnings order, a third-party debt order, or a charging order.
• Appeals: limited grounds, and you must act within 21 days of the decision.

What is the small claims track?

The small claims track is one of four case-management tracks in the County Court system of England and Wales, alongside the fast track, the intermediate track (introduced in October 2023), and the multi-track. It's designed for lower-value, less complex civil disputes — typically unpaid invoices, faulty goods, poor workmanship, deposit disputes, minor property damage, or money lent to friends or family that hasn't been repaid.

The appeal of the small claims track is accessibility: you don't need a solicitor, hearings are comparatively informal (often held in the judge's room rather than a courtroom for claims under £10,000), and — because costs recovery is deliberately restricted (see below) — the financial risk of losing is much lower than on the higher tracks, where the loser can typically be ordered to pay a large share of the winner's legal costs.

That said, "informal" doesn't mean "undemanding." You still need to understand your legal position, gather the right evidence, and present your case clearly. Getting that wrong at the start can be expensive to fix later.

Who can use it: the claim value limits

Track allocation isn't purely mechanical — under CPR rule 26.13, the court also weighs the complexity of the facts and law, the number of parties, and how much oral or expert evidence is likely to be needed. But financial value is the starting point, and it works differently depending on the type of claim.

General claims

For most disputes, the small claims track is the normal track for any claim worth £10,000 or less (CPR rule 26.9(4)). Value is assessed by the court and, under CPR rule 26.13(2), disregards any amount that isn't genuinely in dispute, any claim for interest, costs, and contributory negligence.

Personal injury claims

The rules are more layered here, and were tightened by the 2021 whiplash reforms. Under CPR rule 26.9(1)(a), a personal injury claim is normally small claims only if the overall value is £10,000 or less, and the "damages for personal injuries" element — legally defined as compensation for pain, suffering and loss of amenity only, excluding your other losses such as lost earnings, care costs or medical expenses — doesn't exceed:

| Claim type | PSLA limit | |---|---| | Most road traffic accident (RTA) personal injury claims | £5,000 | | RTA claims in specific circumstances (CPR rule 26.10) — broadly: accidents before 31 May 2021, or claims by children, protected parties, cyclists, motorcyclists, pillion passengers, horse riders, pedestrians, or where the other vehicle was registered outside the UK | £1,000 | | Any other (non-RTA) personal injury claim | £1,500 |

One further wrinkle: RTA whiplash claims brought by children or protected parties, arising on or after 31 May 2021, are excluded from the small claims track altogether and go straight to the fast track (CPR rule 26.11).

Housing disrepair claims

A tenant's claim against a landlord seeking repairs is normally allocated to the small claims track only if the estimated cost of the repair work is £1,000 or less, and any separate damages claimed are also £1,000 or less (CPR rule 26.9(1)(b)). A claim for harassment or unlawful eviction is never allocated to the small claims track, regardless of value (CPR rule 26.12(2)).

How to start a small claim

Before you claim

Try to resolve the dispute first. Send a clear letter before action (sometimes called a letter before claim) setting out what's owed, why, and what you want the other side to do, with a fair deadline — commonly 14 days — to respond. The court expects this, and unreasonable pre-action conduct can affect costs later.

Check you're still in time. Under section 5 of the Limitation Act 1980, most simple contract claims must be brought within six years of the breach; a similar period generally applies in tort under section 2 of the same Act. Other claim types can have different, sometimes much shorter, limitation periods.

Making the claim

Most claims are made online. For claims of £25,000 or less, GOV.UK's online money claims service is the current route; the older Money Claim Online (MCOL) service is still used for higher-value claims and for some claims started before 8 October 2024. You'll need the defendant's name and address and either a card to pay the court fee or a "help with fees" reference number.

Claim by post using form N1 if you don't know the exact amount you're claiming, or if your claim is for more than £25,000 and you need help paying the fee. Send the completed form, with your court fee, to the Civil National Business Centre.

Court fees

You must pay an issue fee when you file, based on the amount you're claiming plus any interest. The current bands published on GOV.UK's civil court fees (EX50) page are:

| Claim amount | Fee | |---|---| | Up to £300 | £35 | | £300.01 to £500 | £50 | | £500.01 to £1,000 | £70 | | £1,000.01 to £1,500 | £80 | | £1,500.01 to £3,000 | £115 | | £3,000.01 to £5,000 | £205 | | £5,000.01 to £10,000 | £455 | | £10,000.01 to £200,000 | 5% of the claim | | More than £200,000 | £10,000 |

If the claim later goes to a hearing, a separate hearing fee is payable — check the current amount on the EX50 fee schedule, as court fees are reviewed periodically and this page won't always show the latest figure. If you win, you can ask the court to order the other side to reimburse your fees.

Help with fees

If you're on a low income or receive certain benefits, you may be able to apply for help with fees online (you'll get a reference number to use when you claim) or by post using form EX160 alongside your N1.

If the claim is defended: mediation and directions

If the defendant disputes your claim, the case is allocated to the small claims track and the court issues directions — typically deadlines for exchanging evidence and witness statements. Before it gets to a hearing, if your claim is £10,000 or less you'll usually be told you must attend the free HMCTS Small Claims Mediation Service (road traffic accident, personal injury and housing disrepair claims are excluded from this automatic referral). A mediator speaks to both sides separately by phone, usually for up to an hour, to help you reach a settlement; it's confidential, and nothing said during mediation can be raised at a later hearing. If you don't attend when told to, the judge can sanction you — including striking out your claim or ordering you to pay costs you'd otherwise have avoided, even if you'd have won.

What happens at the hearing

If mediation doesn't resolve things, the case goes to a hearing — for claims under £10,000, this can be held informally in the judge's room. You can represent yourself, instruct a solicitor or barrister, bring a lay adviser, or — with the court's permission — have someone else speak for you. You'll normally get the decision on the day, confirmed in writing afterwards. If you win and the defendant doesn't pay, you'll need to take separate enforcement action.

What you can — and can't — recover in costs

This is one of the most misunderstood parts of the small claims track. Under CPR rule 27.14, the court generally cannot order the losing party to pay the winner's solicitor's fees. What can usually be recovered is limited to: fixed costs for issuing the claim, court fees paid, reasonable travel expenses for attending the hearing, a capped sum for loss of earnings or leave, and a capped contribution towards an expert's fees. The court can also order further costs where a party has behaved unreasonably — but losing the case, or simply rejecting a settlement offer, isn't of itself unreasonable behaviour. This is the main reason instructing a solicitor rarely makes financial sense for a small claim: even a clear win won't recover those fees.

If you win: enforcing the judgment

Winning a judgment and being paid are two different things. If the defendant doesn't pay within the time ordered, you'll need to apply to enforce it, and pay a further court fee to do so. Common routes include:

• Warrant of control — county court bailiffs collect the debt or seize goods to sell; apply using form N323 if you're owed £5,000 or less, or transfer to the High Court for a writ of control (form N293A) if you're owed £600 or more.
• Attachment of earnings order (form N337) — the court orders the debtor's employer to deduct money from their wages.
• Third-party debt order (form N349) — freezes money the debtor holds in a bank, building society or business account.
• Charging order (form N379) — secures the debt against land or property the debtor owns, so it must be paid when the property is sold.

You can also apply for an order requiring the debtor (or, for a company, an officer of it) to attend court and disclose their income and outgoings, to help you decide which enforcement route is likely to work. You cannot enforce a judgment while the debtor has "Breathing Space" debt-respite protection in place.

If you lose: appeals

You can appeal, but only on limited grounds — typically that the judge made a legal error, or that the decision was plainly wrong on the facts. Simply disagreeing with the result isn't enough, and you'll usually need the court's permission to appeal. You must act within 21 days of the decision.

This guide provides general information about the small claims track in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at July 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position, particularly for exact fee amounts.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.