A Small Claim is a claim which the Court have deemed suitable for the “Small Claims Track”. Usually, so long as the case does not involve personal injuries this will be cases worth up to £10,000.

We understand that for most people who become involved in a Small Claim it feels anything but small.

The amount of money in dispute is likely to be significant to the people involved and, as well as the stress of the dispute, there are likely to be lawyers, court orders & judges to deal with.

At SCS Law we want to help people understand the Small Claims process, so rather than being intimidated by it they can make informed decisions about how to manage their claim.

Because the small claims track is for lower value claims many of the more formal rules of evidence do not apply, and the emphasis is on dealing with the claim in a prompt manner with minimum cost.

There are special costs rules on the Small Claims track which usually only allow a litigant to recover their court fees and low fixed costs from the other side. These low fixed costs mean that people are often put off using solicitors to represent them, because there is little chance of recovering the majority of their fees.

At SCS Law we are experienced in dealing with small claims and offer low fixed fees for our services; so you can obtain the benefit of legal representation without the fear of spiralling legal costs.

Issuing A Claim

When lawyers refer to “issuing a claim” it means starting a claim. This is done when a person who believes they are owed money from another, files a brief description of their claim (usually called a “Claim Form”) at Court and pays the appropriate court fee. The Claim Form will include or be accompanied by “Particulars of Claim” which will be a more detailed account of the reasons why the Claimant believes the Defendant owes them money.

The Defendant will then have to decide whether they wish to admit that they owe the money, or file a defence. If the Defendant does neither within the allowed timescale then the Claimant may obtain an order from the Court ordering them to pay in “Default” of a response.

When beginning a claim it is important to ensure that your documents give the correct amount of detail and make clear the legal basis for your claim. At SCS our solicitors are experienced in drafting legal documents and can create professional documents for your claim for an affordable fixed fee.

The Hearing

The hearing of the small claims trial will take place in a County Court and will most likely be the local court to the Defendant. At court, the matter will be before a District Judge. At the hearing, the Judge will consider your witness statement and also hear evidence from you. SCS Law will represent you at the trial which includes putting forward your case and cross examining any witnesses on the other side. After hearing all the parties, the Judge will then decide whether the claim should succeed or fail.


Normally a successful Claimant will only be entitled to fixed costs from the Defendant, which usually includes any court fees paid out. You may also be awarded fixed solicitors costs but these are limited to between £50 - £100.

If the Judge finds that a losing party has behaved unreasonably they have power to award costs against them that exceed fixed fees and that cover any costs of legal representation.

The fees vary as they depend on the value of the claim and whether the claim is suitable for issuing using the courts online facility.

Court Fees

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