Small claims track | ConsumerWise

Small claims is a procedural track.

The county court allocates suitable lower-value cases to the small claims track under the Civil Procedure Rules. It is designed to be more accessible and informal, but the court still decides the legal and factual dispute.

Costs are restricted, not impossible.

CPR Part 27 limits the costs normally recoverable on the small claims track. Court fees and certain limited expenses can still matter, and unreasonable conduct can have costs consequences. Do not assume “no costs” means there is zero financial risk.

Evidence still needs structure.

Prepare a concise witness account, chronology, key documents and a clear calculation of the remedy. The judge may adopt a flexible hearing procedure and strict evidence rules are relaxed, but credibility and documentary support remain important.

The small claims track is still litigation

CPR Part 27 creates a simplified track and limits ordinary recoverable legal costs, but the court still needs a pleaded claim, admissible/relevant evidence and a remedy it has power to grant. The usual money threshold is only one part of allocation; claim type and complexity can also matter.

Costs are limited, not impossible

Part 27 allows specified categories including court fees, certain travel/loss-of-earnings expenses, limited expert fees and further costs for unreasonable behaviour. Do not tell a consumer there is “no costs risk” in small claims.

Allocation is not determined by value alone

The small claims track commonly deals with lower-value county court claims, but allocation also depends on the nature and complexity of the dispute. Some claim types have different thresholds or considerations. The court makes the allocation decision after considering the case, not the claimant simply by labelling the form “small claims”.

What the hearing is actually about

The judge needs to decide the pleaded issues from admissible/relevant evidence. Prepare a short chronology, witness evidence that identifies what you personally know, the key documents created at the time and a clear remedy calculation. If a document is important, explain what point it proves rather than expecting the judge to discover its significance in a large bundle.

The procedure is less formal than other tracks and the strict rules of evidence are relaxed, but orders and deadlines still matter. Read the court’s directions carefully and file/serve material when required.

Costs and settlement

Small claims limits ordinary legal-cost recovery, which makes the track more accessible, but it does not mean “no costs”. Court fees, certain witness/travel/loss-of-earnings expenses, limited expert costs and costs caused by unreasonable behaviour can be relevant. Settlement can therefore remain sensible even where you believe you will win.

Directions and hearing preparation matter more than courtroom theatrics.

Standard small-claims directions commonly require documents at least 14 days before the hearing, but read your own order. Prepare a short chronology, issue list and bundle. The judge may take an active role and ask direct questions. Answer the question asked, then point to the evidence.

Practical point.

A calm five-minute explanation tied to documents is usually more useful than a long speech about how badly the company behaved.

A strong small claim is still pleaded and quantified.

Element	What the judge needs
Cause of action	What legal duty or contractual term was breached.
Material facts	What happened and when.
Causation	How the breach caused the claimed loss/remedy.
Quantum	A transparent calculation for each sum.
Defence issue	Why the other side’s main answer does not defeat the claim.

Avoid turning a complaint history into the Particulars of Claim. Complaints correspondence is evidence/context; the pleading should state the legally relevant case.

The costs regime is limited, not nonexistent.

CPR 27.14 restricts ordinary costs recovery. Recoverable categories can include fixed issue costs, court fees, reasonable travel expenses, limited loss of earnings/leave and certain expert costs; unreasonable behaviour can also have costs consequences. That is very different from the broad “winner gets all legal fees” assumption sometimes made in consumer disputes.

Current PD27A specifies up to £95 per day for relevant loss of earnings/leave and up to £750 for the specified expert-fee category.

“Small claims” is a track, not a separate court with no rules.

In England and Wales the small claims track is normally used for straightforward claims with a value not exceeding £10,000, subject to special rules for certain personal-injury, housing and other claims. Allocation is a case-management decision; putting “small claim” on a letter does not itself determine the track.

Part 27 deliberately simplifies procedure, but court orders, evidence rules that remain applicable and duties of candour still matter.

Official sources

Check the rules behind this guide

These are official or primary sources for this topic. Court rules and fees can change, so check the live source before issuing a claim or relying on a deadline.