Small Claims Court Checklist UK: England and Wales

If you need a small claims court checklist for the UK, start by checking the jurisdiction. This guide covers England and Wales. Scotland and Northern Ireland have different procedures.

For an ordinary disputed money claim, prepare your evidence, follow the correct pre-action process, calculate the amount and fees, submit through the appropriate court route, attend mediation when required and meet every court deadline. If you win, check whether payment arrives: enforcement can be a separate step.

This guide is mainly for people bringing straightforward consumer claims or claims for unpaid money. It provides general legal information, not advice on whether your individual claim will succeed. Your court order and the rules for your claim take priority over a general checklist.

Small claims court checklist UK: the practical version

Use this list as a working record. Add a completion date and the location of your supporting documents beside each item.

Print only the checklist, with empty boxes to tick by hand.

Before starting a claim

  • ☐ Confirm that England and Wales is the correct jurisdiction and that the dispute belongs in the civil courts.
  • ☐ Identify the correct person or legal business entity to sue, with an address suitable for service.
  • ☐ Check the time limit for starting your particular claim.
  • ☐ Write down what happened, why the defendant is responsible and what you want the court to award.
  • ☐ Calculate your losses, subtract payments already received and keep interest separate.
  • ☐ Gather the agreement, receipts, messages and other relevant records.
  • ☐ Identify the applicable pre-action protocol or, if none applies, the Practice Direction on Pre-Action Conduct and Protocols.
  • ☐ Send the appropriate letter and enclosures; keep a copy and proof of sending.
  • ☐ Allow the correct response period and consider any reply or request for documents.
  • ☐ Consider negotiation, an applicable complaints or ombudsman scheme, or mediation.
  • ☐ Budget for court fees and consider whether the defendant could pay a judgment.

After issuing

  • ☐ Save the issued claim, claim number, payment receipt and service information.
  • ☐ Record the response deadline given for your procedure.
  • ☐ Read any admission, defence or counterclaim carefully and act by the stated deadline.
  • ☐ Complete the directions questionnaire or its online equivalent when required.
  • ☐ Attend court-arranged mediation when required and record any settlement accurately.
  • ☐ Read the court’s directions and enter every deadline in your diary.
  • ☐ Pay the hearing fee or apply for Help with Fees by the date ordered.

Preparing for the hearing and afterward

  • ☐ Prepare a chronology, a calculation of the amount claimed and an indexed evidence file.
  • ☐ Prepare witness statements if ordered and arrange for relevant witnesses to attend.
  • ☐ Obtain the court’s permission before relying on expert evidence.
  • ☐ Send the required documents to the court and every other party by the ordered deadline.
  • ☐ Check the hearing location or joining instructions and any accessibility arrangements.
  • ☐ Bring your original documents and a short list of the points you need to explain.
  • ☐ Read the judgment, record the payment date and keep track of payments.
  • ☐ If payment is overdue, assess a suitable enforcement method and its cost.

The sections below explain the legal distinctions behind this checklist.

1. Check whether the small claims track fits your dispute

In England and Wales, “small claims court” usually means the small claims track of the County Court. The normal financial ceiling for an ordinary money claim is £10,000, but allocation depends on the case. Complexity, the remedy sought and any counterclaim can matter. When assessing value for allocation, the court disregards interest and costs, among other items.

Personal injury has separate limits. A residential tenant’s claim for an order requiring the landlord to carry out repairs has two separate £1,000 limits: one for the cost of the work and one for any other damages. Residential harassment and unlawful eviction claims are excluded from this track. An ordinary money-claim checklist should not be treated as the procedure for those specialist disputes.

Check who made the agreement with you. A company’s trading name may differ from its legal name; an individual trading as a business is different from a limited company. Compare your invoice, contract and correspondence before completing the defendant details.

2. Follow the right pre-action process

When no specific protocol applies

The general Practice Direction expects the parties to exchange letters setting out the claim and the response, and to share the relevant documents. Your letter should describe the facts, the basis of the claim, the outcome requested and the calculation of any money demanded.

Allow a reasonable response period: the guidance gives 14 days for a straightforward case and up to three months for a very complex one. Fourteen days is therefore not a universal deadline. Consider settlement and review the other side’s explanation before issuing a claim. Sending a letter does not suspend statutory time limits. If a limitation deadline may be close, obtain advice promptly.

When the Debt Claims Protocol applies

This protocol generally covers a business, including a sole trader, seeking payment of a debt from an individual, including another sole trader. It does not generally cover debts between companies or a consumer’s claim against a business. Another applicable protocol can take priority.

The Letter of Claim must include the prescribed information and enclosures, including the Information Sheet, Reply Form and Financial Statement. If there is no reply, wait at least 30 days from the date of the letter before starting proceedings, subject to any remaining obligations. A reply, a request for documents or a need for debt advice can mean allowing more time. Where the debtor replies but agreement is not reached, normally give at least 14 days’ notice of intended proceedings.

Using the letter builder

You can use letter before action builder tool to organise the facts and prepare a draft letter. Check the applicable protocol before choosing a deadline or sending the letter. The current builder offers 14- and 28-day options; neither alone satisfies the Debt Claims Protocol’s initial 30-day process. That process also requires specific content and enclosures.

Keep the final letter, all enclosures and evidence of sending together. Record any reply deadline separately from the court deadlines that may arise later.

3. Calculate your claim and court fees

Prepare a simple calculation showing each loss, its supporting document, payments or refunds received, and the remaining balance. Explain how each item follows from the dispute. Show court fees and interest as separate lines so you can check each one independently.

If you are claiming interest, state the basis, rate, period and calculation. GOV.UK describes 8% a year as the usual rate for debts that are not late commercial payments, which have their own separate regime. Do not assume every dispute qualifies for the same interest.

Issue and hearing fees

The issue fee is based on the amount claimed, including interest. A small claims hearing fee is a separate charge if the case reaches that stage.

Claim value bandIssue feeSmall claims hearing fee
Up to £300£35£27
£300.01 to £500£50£59
£500.01 to £1,000£70£85
£1,000.01 to £1,500£80£123
£1,500.01 to £3,000£115£181
£3,000.01 to £5,000£205£346
£5,000.01 to £10,000£455£346

These are separate fee scales. Listing a small claims hearing fee does not mean your claim will be allocated to the small claims track. Confirm the hearing fee on the court’s notice. For example, a £2,000 claim with no interest added has a £115 issue fee and, if payable, a £181 small claims hearing fee: £296 combined before other expenses.

Check your budget with the small claims court fees calculator and confirm the current charge against HMCTS civil court fees, EX50. Pay the hearing fee or apply for Help with Fees by the ordered date; if you do not, your claim will be struck out.

Help with Fees and costs risk

You may qualify for a reduction or exemption based on your financial circumstances. Use the official Help with Fees eligibility and application guidance. Eligibility depends on factors including savings, income and benefits; do not assume that receiving any benefit automatically qualifies you.

The costs you can recover in a small claim are restricted. Court fees and certain expenses may be awarded, but ordinary solicitors’ fees are generally not recoverable. A party who behaves unreasonably can be ordered to pay additional costs.

Recoverable loss of earnings or leave is capped at £95 per person per day; expert fees are capped at £750 per expert. These are recovery limits, not spending allowances or promises of an award.

4. File through the correct route

Start with the official GOV.UK money-claim service guidance. It explains who can claim online and the postal route using form N1. You may not be able to claim online if, for example, the amount is unknown, there is more than one claimant, there are three or more defendants, certain address issues apply or the claim is against a government department. Check the service’s questions for your circumstances.

The newer money claims service and the older Money Claim Online (MCOL) service have different rules. In particular, the newer service supports Help with Fees, while the legacy MCOL guide excludes claims where Help with Fees (fee remission) is sought. Use the guidance for the service you actually use.

Before submitting, read your claim aloud. Could someone unfamiliar with the dispute understand the agreement, what went wrong, the relevant dates, why this defendant is responsible and how you reached the amount requested? Replace vague accusations with specific facts.

Submission and issue are distinct steps: proceedings start when the court issues the claim form. Service is another step. If you are responsible for serving the claim or separate particulars of claim, follow the relevant rules and deadlines; uploading material is not automatically service on the other side.

5. Track the response and allocation

The defendant may pay, admit the claim, dispute it or make a counterclaim. Follow the court’s instructions about your next step. If there is no response, you may be able to request default judgment; the court does not enter judgment automatically when a deadline is missed.

Under the ordinary CPR rule, a defence is generally due 14 days after service of the particulars of claim, or 28 days after service where an acknowledgment of service is filed. Online procedures and extensions can change the timetable. Record the applicable date from your case rather than counting from the day you paid.

When asked, complete the directions questionnaire or its online equivalent accurately. Include the number of witnesses, any dates you cannot attend and any support needs the form asks about. Read the allocation notice and directions immediately. Create a diary entry for each task, with an earlier reminder that leaves time to resolve any problem.

6. Prepare for mediation

For an ordinary defended money claim of £10,000 or less within the automatic referral scheme, expect to attend a free appointment with the Small Claims Mediation Service. HMCTS mediation is normally by telephone, with the mediator speaking to each side separately. Attendance does not require you to accept a settlement. If no agreement is reached, the claim can continue.

The legal basis includes PD 51ZE, which modifies the ordinary rules, and PD 51R for Online Civil Money Claims. The pilot is scheduled to run until 6 April 2027. It does not mean every type of civil claim must use this particular service.

Road traffic claims need a further distinction: eligible non-injury road traffic claims in Online Civil Money Claims are included following the relevant amendments, including the October 2026 change to PD 51ZE. Do not assume that this includes personal injury claims or every road traffic claim filed by another route.

Before the appointment, prepare a short factual account and note the amount in dispute and the settlement terms you would consider. Have your documents nearby. Decide what payment dates or instalments you could realistically accept. Check that the person attending has authority to agree terms.

If you cannot attend, contact the service promptly. Failure to attend required mediation can be considered when the court decides on sanctions or costs. Keep evidence of any genuine difficulty. If you settle, check the written terms and notify the court as required.

7. Organise evidence around what you must prove

A useful evidence file makes the dispute easy to follow. For a goods or services claim, organise it around the agreement, the alleged failure, the loss and the attempts to resolve matters. Relevant material may include the contract, dated photographs, invoices, receipts and estimates. PD 27A, Appendix A lists documents commonly needed for different disputes.

Use an index and page numbers. Preserve full message threads where context matters. Label photographs with a date and description. Keep originals and work from copies. A one-page chronology can point to the relevant evidence page for each event.

Witness statements should explain what each witness personally knows. Follow the order’s requirements for format, signature and statement of truth. Avoid asking a witness to repeat your argument in their own name.

Standard directions require documents to be filed with the court and served on every other party at least 14 days before the hearing, but the court may give different directions. Follow your actual order. Expert evidence needs the court’s permission.

Before sending the file, check that the page numbers match the index, every attachment opens, photographs are legible and the amount claimed matches your calculation. Retain proof of submission and sending.

8. Prepare for the hearing

You can represent yourself. You may be able to bring a supporter or representative, but check whether that person needs permission to speak.

Prepare a short opening explanation: what you are asking the court to award, the events that support it and the documents showing your loss. Write down the points disputed in the defence so you can answer them directly. Keep a separate note of fees and any expenses you will ask the judge to allow.

For an in-person hearing, check the address and travel time. For a remote hearing, test the connection and keep your papers accessible. Ask the court early about adjustments, an interpreter or Welsh-language requirements.

If you cannot attend, contact the court immediately. CPR 27.9 has a specific absence procedure, including written notice to the court and the other party at least seven days before the hearing, document-service requirements and a request for a decision in your absence. Simply sending an email saying you are unavailable may not satisfy it.

At the hearing, answer the questions you are asked and direct the judge to the relevant page. Listen without interrupting. Record the outcome and check the written order when it arrives.

9. Check payment and consider enforcement

A judgment does not guarantee payment. Record the amount due, the deadline or instalment terms, and payments received. If the debtor does not comply, select an enforcement route based on what you know about their income and assets.

OptionWhat it is intended to do
Warrant of controlAuthorise enforcement against goods that can lawfully be taken and sold.
Attachment of earningsArrange deductions from an employed individual’s wages, where eligible.
Third-party debt orderTarget money held by a third party, commonly a bank.
Charging orderSecure the judgment debt against qualifying property or assets; it does not itself produce immediate payment.
Order to obtain informationRequire financial information to help you decide how to enforce.

Each application has its own requirements and fee. Check for any stay, insolvency restriction or notified Breathing Space protection before acting. Further spending may achieve little if there are no accessible assets or earnings.

Common questions

Do I need a solicitor for a small claim?

You can act for yourself. Advice may still help with a disputed legal issue, a counterclaim, a time limit or uncertainty about the correct defendant. Include any advice costs in your own budget rather than assuming you will recover them.

Does the defendant always get 14 days to reply?

No. The pre-action response period depends on the applicable protocol and how complex the claim is. After issue, the response deadline depends on the service and procedure. Keep those two stages separate.

Can I settle after filing?

Yes. Put the amount, payment dates and how court fees will be dealt with into clear written terms, and follow the court’s process for recording the settlement. Do not assume a private agreement automatically cancels an upcoming hearing.

Is the fees calculator enough to prepare my claim?

It helps with budgeting. You still need to check the legal basis, pre-action requirements, evidence and deadlines. Use the checklist above alongside the calculator, then keep your court notices and evidence in one organised file.

About the author

Daniel Rothwell

Daniel Rothwell is a Legal Affairs and Policy Researcher at A Legal Mind, covering how UK legislation and rule changes affect people in practice. He is not a solicitor or barrister, and his work does not constitute legal advice.

More articles by Daniel Rothwell →

Review basis: Checked against current Civil Procedure Rules, relevant Practice Directions and GOV.UK guidance on 26 October 2026.

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